Question 1

Is an NDA enforceable?

Accepted Answer

A **non-disclosure agreement** is a contract restricting what one or both parties may disclose. It is generally enforceable as a contract — but there are significant limits, and some uses are void or improper.

**Where NDAs are legitimate and enforceable:** protecting trade secrets, commercially sensitive information, client lists, unreleased products, terms of a commercial deal, and confidential information shared during negotiations.

**What limits enforceability:**

**Excessive scope.** A clause covering everything indefinitely, with no definition of the confidential information and no time limit, is more likely to be found unreasonable and unenforceable.

**Information already public**, or independently obtained.

**No legitimate interest** to protect.

**Where an NDA cannot lawfully prevent disclosure:**

**Protected disclosures (whistleblowing).** In the UK, any provision purporting to prevent a worker making a **protected disclosure** under the Public Interest Disclosure Act is **void**. An NDA cannot silence a report about wrongdoing in the public interest.

**Reporting a crime.** NDAs cannot prevent reporting criminal conduct to the police, and provisions attempting to do so are unenforceable. Legislation has been introduced in several jurisdictions to put this beyond doubt.

**Regulatory disclosure.** Reporting to a regulator such as the FCA, HSE or a professional body.

**Cooperating with investigations**, or giving evidence in legal proceedings.

**Disclosure to obtain legal or medical advice**, or to close family in some contexts.

**The controversy over misuse.** NDAs have been used improperly in settlement agreements to prevent employees discussing harassment, discrimination and abuse. This attracted substantial criticism following high-profile cases, and regulators including the Solicitors Regulation Authority have issued warnings to solicitors about drafting improper clauses. Reform in this area is ongoing.

**If you are asked to sign one** covering a dispute or settlement, take independent legal advice — settlement agreements in employment require it for validity — and check what it does **not** prevent you doing.

Question 2

Why are freedom of information requests refused?

Accepted Answer

Because the Freedom of Information Act contains a set of exemptions, some absolute and some qualified — and the majority of refusals rely on a small number of them. The basic right. Anyone, anywhere,

Question 3

What rights does GDPR actually give you?

Accepted Answer

The UK GDPR and Data Protection Act 2018 give individuals a set of specific, enforceable rights over their personal data. They are more powerful than most people realise and cost nothing to exercise.

Question 4

What is a DBS check and what shows up?

Accepted Answer

A Disclosure and Barring Service (DBS) check reveals criminal record information for employment and volunteering purposes in England and Wales. There are levels, and which level applies is determined

Question 5

What does Trading Standards actually do?

Accepted Answer

Enforces consumer protection and product safety law against businesses — and the point that surprises most people is that it is not a service that resolves your individual complaint. It acts in the

Question 6

What is a limitation period?

Accepted Answer

A limitation period is the time limit within which a legal claim must be brought. Miss it and the claim is generally time-barred — the court will not hear it, however strong the merits. Why they

Question 7

What is a statutory declaration, and when do documents need witnessing?

Accepted Answer

A statutory declaration is a formal written statement of fact, signed before an authorised person, which carries criminal liability if knowingly false — which is what gives it weight in place of

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