Non Disclosure Agreement For Auditors

Non Disclosure Agreement For Auditors Template for Singapore

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Key Requirements PROMPT example:

"Need a Non Disclosure Agreement For Auditors for our Singapore-based tech startup, with specific provisions for protecting our source code and customer data during the annual audit starting March 2025."

Document background

The Non Disclosure Agreement For Auditors is essential when engaging external auditors who require access to sensitive financial, operational, and strategic information. This document, governed by Singapore law, establishes clear parameters for handling confidential information, ensures compliance with regulatory requirements including PDPA, and protects both the auditing firm and the audited company. It's particularly crucial for statutory audits, due diligence exercises, and specialized audits where sensitive information needs to be shared.

Suggested Sections

1. Parties: Identification of the auditing firm and the company being audited

2. Background: Context of the audit engagement and need for confidentiality

3. Definitions: Key terms including 'Confidential Information', 'Audit Services', 'Representatives'

4. Scope of Confidentiality: Detailed description of what constitutes confidential information

5. Obligations of Confidentiality: Core confidentiality requirements and permitted uses

6. Duration: Term of confidentiality obligations

7. Return or Destruction of Information: Procedures for handling confidential information post-engagement

8. Governing Law: Singapore law provisions

Optional Sections

1. Data Protection Compliance: Additional provisions for compliance with Personal Data Protection Act (PDPA) when personal data will be processed

2. Professional Standards Compliance: Reference to specific auditing standards and requirements for statutory audits

3. Specific Industry Requirements: Additional confidentiality requirements for regulated industries such as banking or healthcare

4. Group Company Provisions: Extended confidentiality provisions covering group entities and their information

Suggested Schedules

1. Schedule of Authorized Personnel: List of individuals authorized to access confidential information

2. Schedule of Specific Confidential Information: Detailed list of specific confidential materials

3. Data Protection Procedures: Specific procedures for handling personal data

4. Information Security Requirements: Technical and organizational security measures for protecting confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services
Manufacturing
Technology
Healthcare
Real Estate

Relevant Teams

Finance
Legal
Compliance
Internal Audit
Information Technology

Relevant Roles

Chief Financial Officer
Audit Partner
Financial Controller
Compliance Officer
General Counsel

Industries

Personal Data Protection Act 2012: Singapore's primary data protection legislation that governs the collection, use, disclosure, and care of personal data. Auditors must ensure compliance when handling personal information during audits.

Evidence Act: Governs the admissibility of evidence in legal proceedings, including audit documentation and confidential information that may be subject to legal proceedings.

Contracts Act (Cap. 53): Provides the legal framework for contract formation and enforcement in Singapore, essential for the validity and enforceability of the NDA.

Banking Act: Regulates banking institutions in Singapore and includes provisions about confidentiality of banking information during audits.

Companies Act (Cap. 50): Provides statutory requirements for company audits and auditors' duties, including handling of confidential company information.

Singapore Standards on Auditing: Professional standards that govern audit practices in Singapore, including requirements for maintaining confidentiality.

Code of Professional Conduct and Ethics: Professional ethical guidelines for public accountants and accounting entities, including confidentiality obligations.

ACRA Regulations: Regulatory requirements set by the Accounting and Corporate Regulatory Authority for auditors and accounting professionals.

ISCA Guidelines: Professional guidelines issued by the Institute of Singapore Chartered Accountants for audit practices and confidentiality.

SGX Listing Rules: Requirements for listed companies and their auditors regarding confidential information and disclosure obligations.

Accountants Act: Regulates the accounting profession in Singapore, including professional obligations and confidentiality requirements.

Official Secrets Act: Protects sensitive government information that auditors might encounter during government-related audits.

Securities and Futures Act: Governs securities trading and includes provisions about handling sensitive financial information during audits of listed companies.

Competition Act: Regulates competition law and protects competitive information that auditors might access during their work.

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Authors

Alex Denne

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