“Important legal updates already in force;
From 1 September 2025 – Corporate offence: “failure to prevent fraud”
Large organisations can be prosecuted if an associated person (including employees) commits fraud for the organisation’s benefit and the organisation cannot show it had reasonable fraud-prevention procedures in place. Employers must be able to demonstrate proportionate controls and a whistleblowing culture.
From 1 October 2025 – Restrictions on Non-Disclosure Agreements (NDA)/ Confidentiality Clauses.
New rules make NDAs that silence victims/witnesses of certain criminal conduct unenforceable; guidance explains how confidentiality clauses should be used going forward. Expect limits on blanket silence clauses in settlement agreements.
There are practical actions that you can take to ensure your business is protected.