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During the 2026 Georgia legislative session, a bill was introduced by Representatives Soo Hong, Stan Gunter, Matthew Gambill, Katie Dempsey, Devan Seabaugh, Will Wade, and Senator Kay Kirkpatrick that amended Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated. The bill, known as “Trey’s Law,” prohibits confidentiality provisions in certain settlement agreements. Initially, some news reports around the state implied that Trey’s Law banned confidentiality provisions in all settlement agreements, which is not accurate. While earlier versions of the bill were broader than the version awaiting signature by Governor Brian Kemp, the law is very limited in its application to confidentiality provisions.
The law states:
Any provision of a nondisclosure or confidentiality agreement or nondisclosure or confidentiality provision of an employment agreement, settlement agreement, or any other agreement is void and unenforceable as against the public policy of this state to the extent the provision prohibits a person, including a party, from disclosing an act of childhood sexual abuse, as defined by subsections (a) and (b) of Code Section 9-3-33.1, or facts related to an act of childhood sexual abuse to any other person. Nothing in this Code section may be construed to prohibit a person, including a party, from agreeing to keep confidential any other provision of a settlement agreement, including the amount or payment terms of a settlement.
Thus, the law renders void only those settlement agreement provisions that prohibit disclosure of an act of childhood sexual abuse, or facts related to such an act, to any other person. The law also clarifies that provisions relating to settlement amounts or payment terms may be kept confidential.
Notably, the legislature included the following provision, which makes Trey’s Law applicable to agreements entered into before its passage:
Subject to subsection (c) of this Code section, the change in law made by this Code section applies to an agreement entered into before, on, or after the effective date of this Code section.
Subsection C of O.C.G.A § 9-11-63(c) does allow for the enforcement of such confidentiality provisions only after a party has obtained a final declaratory judgment that “declares the agreement or provision is enforceable.” Trey’s Law was sent to Governor Kemp on April 10 and is waiting to be signed. Upon his signature, the law becomes effective immediately.
For more information about Trey’s Law or its impact on your business, please contact a member of Chartwell’s Employment Law team.
