Date Passed: November 2024
Date In Force: November 2024

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Overview:
In response to growing concern over the misuse of non-disclosure agreements in workplace misconduct cases, Ireland passed legislation in 2024 to restrict the use of NDAs in situations involving discrimination, harassment, sexual harassment, or victimisation. The law recognizes that NDAs, when misused, can perpetuate silence, prevent accountability, and allow harmful behaviour to continue unchecked. This legislation aims to protect the rights of employees while ensuring that survivors are not forced into silence as a condition of resolution.

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Key Provisions:
NDAs are now generally prohibited in employment-related matters that involve allegations of harassment or discrimination. Exceptions are allowed if the employee explicitly requests a confidentiality clause and receives independent legal advice paid for by the employer. The agreement must be in writing, use accessible language, allow for withdrawal within 14 days, and must not prevent disclosures to legal representatives, medical professionals, police, or regulatory authorities.

Agreements resulting from mediation through the Workplace Relations Commission may also include confidentiality provisions, provided all requirements are met. The law ensures that NDAs are no longer standard tools for institutional protection but are only used when survivors themselves choose that route as part of their healing or resolution process.

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Legislative History:
The legislation emerged from sustained advocacy and a broader movement to address power imbalances in the workplace. Momentum grew following high-profile cases and investigations that revealed NDAs being used to conceal patterns of abuse across various sectors. The Irish government introduced the bill in 2024, and it passed with strong support as part of a wider reform package focused on equity, maternity protections, and employer accountability.

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Implications for Survivors and The Restitution Project:
This law brings Ireland into alignment with international movements to center survivor choice and transparency in the resolution of workplace misconduct. By shifting control over NDAs to the individual who experienced harm, it reduces the legal and emotional burden on survivors and begins to dismantle a culture of institutional secrecy. For The Restitution Project, the law affirms the principle that silence should never be a condition for justice, and that consent—not coercion—must guide how stories are told.

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