What are NDAs?
- Nondisclosure agreements (NDAs) go by many names, but their general purpose is to serve as a legal mechanism to protect sensitive information.
- Can be a standalone agreement or a clause within a wider settlement contract
- NDAs were created to protect trade secrets, intellectual property and confidential data but have since been misused in civil child sexual abuse and trafficking cases.
- Used in pre- and post-dispute contracts; can be unilateral, bilateral or multilateral.
NDAs in CSA Cases
- NDAs in CSA settlements have become standard practice within the legal and insurance professions, and are currently a lawful form of “hush money”
- Perpetrators and liable institutions use NDAs to prohibit survivors of CSA (minors) from ever speaking about their abuse or discovery in a civil case once it’s settled.
NDAs in CSA settlements:
- Protect perpetrators and negligent institutions
- Conceal abuse and discovery from the public
- Harm children who are unknowingly allowed to interact with bad actors
- Prevent justice and healing for survivors by inhibiting freedom to share their stories
