Governing Laws

Jurisdiction — England and Wales

Agreements created on Discreetly for United Kingdom accounts are governed by the laws of England and Wales, and the courts of England and Wales have jurisdiction over any dispute.

Sharing intimate images without consent is a criminal offence under the Sexual Offences Act 2003 (as amended by the Online Safety Act 2023), separately from anything agreed in your contract. An agreement is civil evidence that there was no consent to share — it is not a substitute for reporting a crime.

Users are responsible for ensuring their agreements comply with applicable local laws in their jurisdiction.

Contract Law Basics

Under the law of England and Wales, a legally binding contract generally requires:

• Offer and acceptance – One party makes an offer, and the other accepts it
• Intention to create legal relations – Both parties intend the agreement to be legally binding
• Consideration – Something of value is exchanged between the parties
• Capacity – Both parties are 18 or over and of sound mind
• Certainty and legality – The terms are clear and the subject matter is lawful

Enforcement

Discreetly does not enforce agreements between users. If a dispute arises in England and Wales, you may need legal advice or one of these routes:

• Direct negotiation between the parties
• Mediation or another form of alternative dispute resolution
• The County Court small claims track (claims up to £10,000)
• Civil proceedings, including an injunction to restrain further sharing
• Reporting the incident to the police, or to the Revenge Porn Helpline for takedowns

A signed agreement with timestamps and clear terms makes it significantly easier to show a court that there was no consent to share your private media.