This Non-Disclosure Agreement For Auditors is essential for protecting confidential information during audit engagements in Malaysia. It is typically used when engaging external auditors or audit firms to conduct statutory audits, special purpose audits, or other audit-related services. The document ensures compliance with Malaysian legal requirements, including the Companies Act 2016, Accountants Act 1967, and Personal Data Protection Act 2010. It covers various aspects of confidentiality, including financial records, business operations, trade secrets, and personal data. The agreement balances the need for confidentiality with auditors' professional obligations to regulatory bodies and includes specific provisions for modern audit practices involving digital information and remote access.
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1. Parties: Identification of the audit firm, individual auditors, and the company being audited
2. Background: Context of the audit engagement and necessity for confidentiality
3. Definitions: Key terms including Confidential Information, Audit Services, Working Papers, Permitted Purpose, and Representatives
4. Scope of Confidentiality: Detailed description of what constitutes confidential information in the audit context
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including regulatory requirements and professional obligations
6. Security Measures: Required measures for protecting confidential information, including digital security requirements
7. Duration of Obligations: Time period for confidentiality obligations, typically extending beyond the audit engagement
8. Return or Destruction of Information: Requirements for handling confidential information after the engagement ends
9. Breach and Remedies: Consequences of breaching the agreement and available remedies
10. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. Professional Indemnity Insurance: Details of required insurance coverage, relevant for larger audit engagements
2. Third Party Access: Provisions for allowing access to other professional advisors or specialists
3. International Data Transfers: Required for engagements involving cross-border data transfers
4. Conflict Resolution: Detailed dispute resolution procedures, recommended for complex engagements
5. Specific Technology Requirements: Special provisions for handling digital information and specific software platforms
6. Group Company Provisions: Required when the audit involves multiple related entities
1. Schedule 1: Scope of Audit Services: Detailed description of the audit services covered by the NDA
2. Schedule 2: Authorized Representatives: List of authorized personnel from both parties who may access confidential information
3. Schedule 3: Security Protocols: Specific security measures and protocols to be followed
4. Appendix A: Confidential Information Categories: Detailed categorization of types of confidential information
5. Appendix B: Data Handling Procedures: Specific procedures for handling different types of confidential information
6. Appendix C: Form of Acknowledgment: Template for additional team members to acknowledge the NDA
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Manufacturing
Technology
Healthcare
Retail
Energy
Construction
Professional Services
Telecommunications
Real Estate
Education
Transportation
Mining
Agriculture
Hospitality
Relevant Teams
Finance
Internal Audit
Compliance
Legal
Risk Management
Information Technology
Executive Management
Board of Directors
Corporate Secretarial
Treasury
Relevant Roles
External Auditor
Audit Partner
Audit Manager
Senior Auditor
Junior Auditor
Financial Controller
Chief Financial Officer
Company Secretary
Compliance Officer
Internal Audit Director
Risk Manager
IT Auditor
Audit Committee Chairman
Managing Director
Finance Director
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