Gagging clauses: silence is not always golden

Confidentiality clauses (also known as non-disclosure agreements, or ‘gagging’ clauses) are often found in employment contracts for senior executives, or in other commercial contracts.

They are also common in settlement agreements that bring employment to an end if there has been a dispute between you and your employer. They are usually in place to protect legitimate business interests.

You might have heard concerns in the news that confidentiality clauses are being misused to cover up potential crimes such as harassment.

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Non-disclosure agreements
NDAs