The Non Disclosure Agreement For Auditors is essential for protecting confidential information during audit engagements in Hong Kong. This document is typically used when engaging external auditors or audit firms to conduct statutory audits, special purpose audits, or other audit-related services. It ensures compliance with Hong Kong's regulatory framework, including the Companies Ordinance, Professional Accountants Ordinance, and Personal Data (Privacy) Ordinance. The agreement covers the handling of sensitive financial information, internal controls documentation, business processes, and other confidential materials encountered during the audit process. It is particularly important given Hong Kong's position as a major financial center and the strict regulatory requirements governing audit practices and information security.
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1. Parties: Identifies the audit firm and the client company, including their registered addresses and company numbers
2. Background: Sets out the context of the audit engagement and the need for confidentiality
3. Definitions: Defines key terms including 'Confidential Information', 'Audit Services', 'Audit Working Papers', 'Authorized Personnel', and other relevant terms
4. Scope of Confidential Information: Specifies what constitutes confidential information in the audit context, including financial records, internal controls, and business processes
5. Confidentiality Obligations: Details the core obligations regarding handling and protecting confidential information during and after the audit
6. Permitted Disclosures: Outlines circumstances where disclosure is permitted, including to regulatory authorities and as required by law
7. Security Measures: Specifies the security measures required to protect confidential information
8. Return or Destruction of Information: Procedures for handling confidential information upon completion of the audit or termination of the agreement
9. Duration and Survival: Specifies the term of the agreement and which obligations survive termination
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions
1. Data Protection Compliance: Additional provisions specifically addressing compliance with Hong Kong's Personal Data (Privacy) Ordinance - include when personal data will be processed
2. Third Party Access: Provisions governing access by audit team members, subcontractors, or other professional advisors - include when third parties will be involved
3. International Transfers: Provisions regarding international transfer of information - include for international audit firms or cross-border audits
4. Insider Information: Special provisions for handling inside information under the Securities and Futures Ordinance - include for listed companies
5. Professional Standards Compliance: Specific references to compliance with HKSAs and professional standards - include for regulated entities
6. Intellectual Property Rights: Provisions regarding ownership of audit working papers and methodologies - include when IP concerns are significant
1. Schedule 1 - Authorized Personnel: List of authorized personnel from the audit firm who will have access to confidential information
2. Schedule 2 - Security Protocols: Detailed security measures and protocols for handling confidential information
3. Schedule 3 - Information Handling Procedures: Specific procedures for handling, storing, and disposing of confidential information
4. Appendix A - Categories of Confidential Information: Detailed categorization of types of confidential information covered by the agreement
5. Appendix B - Form of Confidentiality Undertaking: Template confidentiality undertaking for audit team members and subcontractors
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Insurance
Manufacturing
Retail
Technology
Healthcare
Real Estate
Professional Services
Telecommunications
Energy
Transportation
Education
Non-Profit Organizations
Construction
Hospitality
Relevant Teams
Finance
Accounting
Internal Audit
Compliance
Legal
Risk Management
Corporate Governance
Treasury
Executive Management
Company Secretariat
Information Security
Relevant Roles
Chief Financial Officer
Financial Controller
Audit Partner
Senior Auditor
Audit Manager
Company Secretary
Chief Executive Officer
Finance Director
Compliance Officer
Risk Manager
Internal Audit Director
Corporate Governance Officer
Financial Reporting Manager
Treasury Manager
Accounting Manager
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