This Non-Disclosure Agreement For Auditors is essential for protecting confidential information during audit engagements in Ireland. It is designed to be used when engaging external auditors or audit firms, ensuring proper handling of sensitive financial data, corporate information, and personal data in accordance with Irish law and EU regulations. The document incorporates requirements from the Companies Act 2014, Data Protection Act 2018, GDPR, and professional audit standards, while addressing specific obligations for statutory auditors under Irish law. It is particularly relevant for both statutory audits required by law and voluntary audit engagements, providing comprehensive coverage of confidentiality obligations, permitted disclosures, and data protection requirements specific to the Irish jurisdiction.
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1. Parties: Identification of the audit firm and the client company, including registered addresses and company numbers
2. Background: Context of the audit engagement and purpose of the NDA
3. Definitions: Definitions of key terms including Confidential Information, Audit Services, Audit Team, Working Papers, and other relevant terms
4. Scope of Confidentiality: Detailed description of what constitutes confidential information in the audit context
5. Obligations of the Auditor: Core confidentiality obligations, including handling of client information, working papers, and audit findings
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including regulatory requirements and legal obligations
7. Data Protection Compliance: Specific provisions relating to GDPR and Data Protection Act 2018 compliance
8. Security Measures: Required security measures for protecting confidential information
9. Term and Survival: Duration of the agreement and survival of obligations after termination
10. Return or Destruction of Information: Requirements for handling confidential information after the audit engagement
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Group Company Provisions: Additional provisions for when the client is part of a larger group structure
2. International Transfer Provisions: Specific provisions for cross-border transfer of information, required when audit involves international operations
3. Subcontractor Provisions: Requirements for handling confidential information by audit firm subcontractors, needed when external specialists are involved
4. Professional Indemnity Insurance: Specific provisions regarding insurance coverage for confidentiality breaches
5. Conflict Resolution: Detailed dispute resolution procedures, recommended for complex engagements
6. Force Majeure: Provisions for handling confidentiality obligations during unexpected events, optional but recommended
1. Schedule 1 - Scope of Audit Services: Detailed description of the audit services covered by the NDA
2. Schedule 2 - Authorized Personnel: List of authorized audit team members and their access levels
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule 4 - Data Processing Requirements: Specific data protection and processing requirements under GDPR
5. Appendix A - Confidential Information Categories: Detailed categorization of different types of confidential information
6. Appendix B - Regulatory Disclosure Requirements: List of regulatory requirements that may necessitate disclosure of information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Insurance
Technology
Manufacturing
Retail
Healthcare
Professional Services
Construction
Energy
Transportation
Telecommunications
Real Estate
Education
Non-Profit
Public Sector
Relevant Teams
Legal
Finance
Compliance
Risk Management
Internal Audit
Information Security
Data Protection
Corporate Governance
Executive Leadership
Board of Directors
Procurement
Information Technology
Relevant Roles
Chief Financial Officer
Financial Controller
Audit Partner
Senior Auditor
Audit Manager
Internal Audit Director
Compliance Officer
Risk Manager
Company Secretary
Legal Counsel
Data Protection Officer
Finance Director
Audit Committee Chair
Board Director
Chief Executive Officer
Chief Operating Officer
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