This Non-Disclosure Agreement For Auditors is essential for protecting confidential information during audit engagements in Australia. It is designed to be used when engaging external auditors or audit firms to conduct statutory, voluntary, or specialized audits. The agreement balances the need for confidentiality with auditors' professional obligations under Australian law, including the Corporations Act 2001 (Cth) and AUASB standards. It covers various types of confidential information typically encountered during audits, such as financial records, business strategies, and operational data, while including necessary carve-outs for regulatory reporting and professional standards compliance. The document is particularly relevant for Australian businesses requiring external audits and audit firms operating within the Australian jurisdiction.
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1. Parties: Identification of the disclosing party (typically the company being audited) and the receiving party (the auditor or auditing firm)
2. Background: Context of the audit engagement and need for confidentiality agreement
3. Definitions: Key terms including 'Confidential Information', 'Audit Services', 'Authorized Purpose', 'Representatives', and 'Professional Standards'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the audit context
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Use and Disclosure: Allowed uses of confidential information for audit purposes and permitted disclosures under professional standards
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Information: Requirements for handling confidential information after the engagement
9. Duration and Survival: Term of the agreement and surviving obligations
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Professional Standards Compliance: Additional section when specific reference to compliance with professional auditing standards is required
2. International Data Transfer: Required when confidential information may be transferred overseas
3. Conflict Resolution: Detailed dispute resolution procedures, recommended for high-value or complex audits
4. Insurance Requirements: Specific insurance obligations, typically for large corporate audits
5. Third Party Rights: Required when affiliates or related entities need access to confidential information
6. Data Privacy Compliance: Detailed privacy obligations when handling personal information
7. Regulatory Disclosure: Specific provisions for regulatory reporting obligations
1. Schedule 1 - Scope of Audit Services: Detailed description of the audit services being provided
2. Schedule 2 - Security Protocols: Specific security measures and protocols for handling confidential information
3. Schedule 3 - Authorized Representatives: List of authorized personnel who may access confidential information
4. Appendix A - Information Handling Procedures: Detailed procedures for handling, storing, and disposing of confidential information
5. Appendix B - Form of Confidentiality Undertaking: Template for additional confidentiality undertakings by representatives
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Insurance
Mining
Manufacturing
Retail
Healthcare
Education
Technology
Real Estate
Construction
Professional Services
Government
Non-Profit
Telecommunications
Energy
Agriculture
Transport and Logistics
Relevant Teams
Legal
Finance
Compliance
Risk Management
Internal Audit
Corporate Governance
Board of Directors
Audit Committee
Executive Leadership
Company Secretariat
Relevant Roles
Chief Financial Officer
Financial Controller
Audit Partner
Senior Auditor
Audit Manager
Company Secretary
Legal Counsel
Compliance Officer
Risk Manager
Internal Audit Director
External Auditor
Audit Committee Member
Financial Director
Managing Partner
Corporate Governance Officer
Board Director
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