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ARTICLE · 07 JULY 2026

Restrictions On Non-disclosure Agreements: A Global Tightening?

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Lawmakers in Victoria, the UK, and the US are imposing new restrictions on non-disclosure agreements in employment contexts, particularly those involving workplace sexual harassment and discrimination. These changes require employers to rethink how they use confidentiality clauses in settlement agreements, with some jurisdictions now giving workers the right to terminate NDAs or rendering certain provisions void. Understanding these evolving legal frameworks is essential for multinational employers seeking

GlobalEmployment and HR
Katie (kingston reid) Sweatman
Katie (kingston reid) Sweatman
Abi Frederick (Lewis Silkin LLP)
Abi Frederick (Lewis Silkin LLP)
Susan Gross Sholinsky (Epstein Becker Green, P.C.)
Susan Gross Sholinsky (Epstein Becker Green, P.C.)

Non-disclosure agreements are under growing scrutiny worldwide. This article tracks the latest restrictions in the UK, the US, and Australia, including Victoria’s newly commenced workplace sexual harassment NDA laws, and explains what employers should do now to keep settlement processes and confidentiality clauses compliant.

Restrictions on non-disclosure agreements (NDAs) are tightening across the globe. Driven in large part by the legacy of the #MeToo movement and growing recognition that NDAs can be misused to silence victims of workplace harassment and discrimination, lawmakers in multiple jurisdictions have moved to curb their use. Employers operating in Australia, the United Kingdom and the United States should be aware of significant recent and upcoming changes to the rules governing when and how NDAs may be used in employment contexts, including the commencement of Australia Victoria’s new workplace sexual harassment NDA restrictions on 1 July 2026.

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