NDAs are legally enforceable contracts, but they’re now coming under increased scrutiny from lawmakers, attorneys and legal experts. Some states have even introduced legislation to ban them altogether when they involve claims of sexual misconduct.

In practice, when somebody breaks a non-disclosure agreement, they face the threat of being sued and could be required to pay financial damages and related costs. But legal experts say there’s limited case law on whether contracts like NDAs to settle sexual harassment claims can be enforced. In fact, many experts say such agreements could be declared void if a judge determines that enforcing one would essentially violate public policy. For example, a contract related to a crime.

“There’s not a lot of law figuring out whether they are enforceable because generally people don’t breach these things and don’t want to risk the consequences of litigation,”

Source: https://www.pbs.org/wgbh/frontline/article/what-happens-if-someone-breaks-a-non-disclosure-agreement/