The Non Disclosure Agreement With External Auditors is essential when engaging external audit firms to conduct statutory or voluntary audits under German law. This document is typically required before the commencement of audit services and remains active throughout the engagement and beyond. It ensures protection of sensitive company information while enabling auditors to fulfill their professional obligations under German regulations, including the Wirtschaftspr眉ferordnung (WPO) and Handelsgesetzbuch (HGB). The agreement addresses specific requirements for handling confidential information during audit procedures, data protection compliance, and professional standards, while considering the unique position of external auditors as independent professionals with statutory duties.
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1. Parties: Identification of the company and the external audit firm, including their legal status and registration details
2. Background: Context of the audit engagement and need for confidentiality agreement
3. Definitions: Key terms including Confidential Information, Audit Services, Audit Team, Permitted Purpose, etc.
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the audit context
5. Permitted Use: Specific permissions for use of confidential information in relation to audit activities
6. Confidentiality Obligations: Core obligations regarding handling and protecting confidential information
7. Data Protection Compliance: GDPR and BDSG compliance requirements for handling personal data
8. Security Measures: Required technical and organizational measures to protect confidential information
9. Audit Team Access: Rules for sharing information with audit team members and subcontractors
10. Return or Destruction: Requirements for handling confidential information after audit completion
11. Duration and Survival: Term of the agreement and surviving obligations
12. Breach and Remedies: Consequences of breach and available remedies
13. General Provisions: Standard clauses including governing law, jurisdiction, etc.
1. Professional Standards Compliance: Additional section when specific professional standards need to be referenced, such as IDW auditing standards
2. International Data Transfers: Required if audit firm may transfer data outside the EU/EEA
3. Regulatory Disclosure: Specific provisions for when disclosure might be required by regulatory authorities
4. Insurance Requirements: Specific insurance obligations for the audit firm regarding data protection and professional liability
5. Conflict Resolution: Detailed dispute resolution procedures, if not covered in general provisions
1. Schedule 1 - Audit Team Members: List of authorized audit team members who will have access to confidential information
2. Schedule 2 - Security Protocols: Detailed technical and organizational measures for data protection
3. Schedule 3 - Data Processing Details: Specific details about types of data to be processed during the audit
4. Appendix A - Confidentiality Undertaking: Individual confidentiality undertaking form for audit team members
5. Appendix B - Information Return Certificate: Template certificate confirming return/destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Manufacturing
Technology
Healthcare
Retail
Energy
Telecommunications
Professional Services
Real Estate
Transportation
Construction
Non-Profit Organizations
Education
Public Sector
Insurance
Relevant Teams
Legal
Finance
Compliance
Internal Audit
Risk Management
Data Protection
Corporate Governance
Treasury
Executive Leadership
Board Secretariat
Relevant Roles
Chief Financial Officer
Financial Controller
Head of Internal Audit
Legal Counsel
Compliance Officer
Data Protection Officer
Chief Executive Officer
Head of Finance
Risk Manager
Company Secretary
Audit Committee Chair
Board Member
Treasury Manager
Chief Accounting Officer
Head of Governance
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