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The Non-Disclosure Agreement For Auditors is essential for protecting confidential information during audit engagements in South Africa. This document is typically used when engaging external auditors or audit firms, establishing clear guidelines for handling sensitive company information while ensuring compliance with the Auditing Profession Act 26 of 2005, POPIA, and other relevant South African legislation. It balances the auditor's need for unrestricted access to company information with strict confidentiality requirements, while recognizing statutory audit obligations and reporting duties. The agreement is particularly important given the sensitive nature of financial, operational, and personal information accessed during audit procedures, and includes specific provisions for data protection, information handling, and professional obligations unique to the South African context.

1. Parties: Identification of the disclosing party (usually the company being audited) and the receiving party (the audit firm and/or individual auditors)

2. Background: Context of the audit engagement and purpose of the NDA, including reference to relevant statutory audit requirements

3. Definitions: Comprehensive definitions including 'Confidential Information', 'Audit Services', 'Authorized Personnel', 'Audit Working Papers', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the audit context, including financial records, internal controls, management information, and client data

5. Obligations of the Receiving Party: Specific duties of the auditors regarding confidential information, including storage, handling, and protection measures

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including statutory requirements and professional obligations

7. Data Protection and Privacy: Specific provisions ensuring compliance with POPIA and other relevant data protection legislation

8. Security Measures: Required security protocols for handling confidential information, including digital security measures

9. Duration and Survival: Term of the agreement and provisions that survive termination

10. Return or Destruction of Confidential Information: Procedures for handling confidential information after the audit engagement ends

11. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief

12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement