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Financial Confidentiality Agreement

Financial Confidentiality Agreement Template for Singapore

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Key Requirements PROMPT example:

Financial Confidentiality Agreement

"I need a Financial Confidentiality Agreement for my Singapore-based investment firm to share sensitive financial data with our new external auditors, KPMG, starting from March 2025, with specific provisions for handling digital financial records and cross-border data transfers."

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What is a Financial Confidentiality Agreement?

The Financial Confidentiality Agreement is essential when parties need to share sensitive financial information in Singapore's regulated financial sector. This document ensures compliance with Singapore's strict banking secrecy laws and data protection regulations while facilitating necessary business operations. It's particularly important for financial institutions, their service providers, and clients who need to exchange confidential information while maintaining regulatory compliance and protecting business interests.

What sections should be included in a Financial Confidentiality Agreement?

1. Parties: Identification of all parties entering into the agreement, including full legal names and addresses

2. Background/Recitals: Context of the agreement and purpose for sharing confidential information

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives'

4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed

6. Return or Destruction: Obligations regarding handling of confidential information upon termination

7. Term and Termination: Duration of agreement and termination provisions

8. Governing Law: Specification of Singapore law and jurisdiction

What sections are optional to include in a Financial Confidentiality Agreement?

1. Data Protection: Additional provisions for compliance with Personal Data Protection Act (PDPA) when personal data is involved

2. Cross-Border Transfers: Provisions governing international transfers of confidential information and data

3. Security Measures: Specific technical and organizational measures required for highly sensitive financial information

4. Audit Rights: Provisions allowing audit of compliance, typically used for regulated entities or high-risk relationships

What schedules should be included in a Financial Confidentiality Agreement?

1. Schedule 1 - Description of Confidential Information: Detailed list and categorization of information types covered by the agreement

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures required for information protection

4. Schedule 4 - Data Processing Requirements: Specific requirements for PDPA compliance and data processing procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 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




















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Industries

Banking Act (Cap. 19): Primary legislation governing banking institutions in Singapore, containing key provisions on banking secrecy and confidentiality obligations

Securities and Futures Act (Cap. 289): Regulates financial markets and securities industry, including confidentiality requirements for financial information and trading data

Personal Data Protection Act 2012 (PDPA): Framework for data protection and privacy, governing collection, use, disclosure, and care of personal data

Evidence Act (Cap. 97): Governs admissibility of evidence, including confidential information, in legal proceedings

Official Secrets Act (Cap. 213): Protects sensitive government and official information, relevant for financial institutions dealing with government bodies

MAS Guidelines: Regulatory guidelines issued by Monetary Authority of Singapore covering financial sector operations and compliance requirements

MAS Notice on Technology Risk Management: Specific guidelines on managing technology risks and protecting sensitive financial data

Companies Act (Cap. 50): Primary legislation governing corporate entities, including provisions on corporate information confidentiality

Employment Act (Cap. 91): Governs employment relationships, including employee obligations regarding confidentiality and trade secrets

FATCA Compliance: US Foreign Account Tax Compliance Act requirements affecting financial institutions dealing with US persons

Common Reporting Standard (CRS): Global standard for automatic exchange of financial account information, affecting confidentiality agreements

Anti-Money Laundering Regulations: Requirements for preventing and detecting money laundering, affecting information sharing and confidentiality

Association of Banks Singapore Guidelines: Industry-specific guidelines for banking sector, including standards for information protection and sharing

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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