Official Secrets Act: Overview, definition, and example
What is Official Secrets Act?
The Official Secrets Act is a law in certain countries—such as the United Kingdom, India, and others—that prohibits the unauthorized disclosure of classified government information. In contracts, a reference to the Official Secrets Act typically appears when one or both parties are dealing with government-related work or may come into contact with sensitive information. The clause serves to confirm that the parties understand and agree to comply with the applicable secrecy laws.
Why is Official Secrets Act important?
If a contract involves access to confidential government data, military projects, or national security matters, unauthorized disclosure can carry serious legal and criminal consequences. This clause protects the government and reinforces the legal obligation of the parties to keep such information secret. For private contractors, consultants, or suppliers, it helps clarify that breaching secrecy laws isn’t just a contractual issue—it may be a criminal offense.
Understanding Official Secrets Act through an example
A cybersecurity firm is awarded a contract to perform penetration testing on a government system. The agreement includes a clause stating that all employees working on the project must comply with the Official Secrets Act 1989 (UK). If one of the employees improperly shares information from the test results—even without malicious intent—it could lead to prosecution under the Act. The clause helps ensure everyone understands the seriousness of handling government information.
Example of an Official Secrets Act clause
Here’s how an Official Secrets Act clause may look like in a contract:
"Each party agrees to comply with the Official Secrets Act 1989 and undertakes not to disclose any information received in the course of this agreement that is classified or otherwise protected under the Act, except as required by law or with prior written consent from the appropriate authority."
Conclusion
The Official Secrets Act clause is critical in any agreement involving government data, defense work, or national security. It reinforces that sensitive information is protected not just by contract law, but also by criminal law. If you’re entering into a government-related deal, this clause signals a strict duty to maintain confidentiality at all times.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.