UK freelancers: Stop signing contracts that waive your rights—how new NDA laws protect you

For years, the self-employed have operated in a legal grey area regarding Non-Disclosure Agreements (NDAs). While employees have enjoyed increasing protections against gagging clauses, independent contractors often found themselves bound by restrictive contracts that felt impossible to challenge.

A non-disclosure agreement serves as a legal tool designed to safeguard a company’s sensitive information by restricting how it can be shared.

However, following May 2026 legal updates, the UK government’s consultation on NDAs marks a significant turning point, according to law firm Simmons & Simmons. The focus has moved toward ensuring that no person, regardless of their tax status, can be silenced regarding workplace misconduct.

Closing the NDA loophole for independent contractors

Historically, the prohibition on using NDAs to cover up harassment or discrimination was primarily aimed at workers or employees. This left freelancers and solo contractors vulnerable. If a self-employed consultant experienced professional misconduct, they often feared that speaking out would constitute a breach of contract, leading to costly litigation. And losing out on an assignment or project.

However, new legislation seeks to expand these protections to include the self-employed.

On 15 April 2026, the government launched a consultation relating to the new provisions of the ERA 2025 which render void any contractual provision preventing workers from speaking out about relevant harassment or discrimination.

The consultation also considers expanding the scope of the prohibition on NDAs to potentially include certain self-employed persons. We will be preparing a response to the consultation. If you would like us to discuss these proposals and their impact on your business please do reach out to your usual contact. The consultation closes on 8 July 2026.

-Simmons & Simmons

What do new NDA protections look like for the self-employed?

Under the proposed framework, any clause in a contract that purports to prevent an individual from disclosing information to the police, healthcare professionals, or legal advisors will be rendered unenforceable. This ensures that your status as a business owner does not strip you of your fundamental right to report wrongdoing.

How can the Fair Work Agency (FWA) help?

A critical component of this new era is the Fair Work Agency, which became fully operational in April 2026. While its initial remit was the enforcement of holiday pay and the national minimum wage, its oversight now extends to the monitoring of fair contract terms.

For freelancers, this means there is finally a body with the teeth to penalise firms that use heavy-handed or illegal NDAs. The FWA works in tandem with the Employment Rights Act 2025 to ensure that workplace culture isn’t just a term reserved for those on a PAYE payroll. If a client attempts to force a contractor into an agreement that suppresses a protected disclosure, they may now face investigations and significant financial penalties.

What freelancers must look for in new contracts

With these changes in mind, it is vital to review your engagement terms with a fresh eye. A standard NDA should protect intellectual property and trade secrets—it should not act as a shield for a client’s poor behaviour.

Key points to verify in your 2026 agreements include:

Whistleblowing carve-outs

Make sure the contract explicitly states that nothing in the agreement prevents you from making a protected disclosure.

Under Section 43J of the Employment Rights Act 1996, any provision in an agreement is void if it purports to preclude a worker from making a protected disclosure. To ensure compliance, the Government Response on Confidentiality Clauses explicitly states that NDAs must include a clear “carve-out” notifying the individual of their rights to whistleblow or report a crime to the police.

Specific definitions

The NDA should define confidential information narrowly, focusing on proprietary data rather than general conduct during the project.

The cautions that NDAs must not be used to prevent the reporting of bad behaviour or professional misconduct.

The ACAS specifies that confidentiality clauses should be worded clearly to distinguish between legitimate trade secrets and an individual’s right to discuss their own experiences or general conduct.

Reasonable duration

Be wary of perpetual NDAs that apply even after the commercial relevance of the information has faded.

The Law Society suggests that clauses should be reasonable in scope and duration. For self-employed workers, the Women and Equalities Select Committee report on NDAs highlights the danger of unnecessarily restrictive and perpetual obligations, recommending that time limits be applied to ensure that the restrictions do not unfairly hamper an individual’s ability to work or speak out once the information is no longer commercially sensitive.

A fairer future for the contingent workforce

The move to regulate NDAs for the self-employed is part of a broader trend toward professionalising the freelance sector. By removing the threat of legal retaliation for reporting misconduct, the UK is creating a safer environment for the millions of people who power the UK economy.