This Non-Disclosure Agreement For Auditors is essential for organizations engaging external auditors in Switzerland, where strict confidentiality obligations are imposed by law. The document ensures compliance with Swiss regulatory requirements, including the Federal Act on the Licensing and Oversight of Auditors, Swiss Code of Obligations, and data protection laws. It is particularly crucial given auditors' access to sensitive financial information, internal controls, strategic plans, and personal data during their engagements. The agreement covers both statutory audits and special audit services, incorporating specific provisions for different types of confidential information and various disclosure scenarios permitted under Swiss law. It should be used before granting auditors access to any confidential company information and remains valid throughout the audit engagement and beyond.
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1. Parties: Identification of the contracting parties - the company engaging the auditor and the auditor/auditing firm
2. Background: Context of the engagement and purpose of the NDA
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', 'Professional Services'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the audit engagement
5. Permitted Use and Disclosure: Specific circumstances under which confidential information may be used or disclosed, including regulatory requirements
6. Professional Obligations: Reference to statutory and professional obligations of auditors under Swiss law
7. Security Measures: Required measures for protecting confidential information, including data protection requirements
8. Return or Destruction of Information: Obligations regarding confidential information upon termination or completion
9. Duration of Obligations: Term of the agreement and survival of confidentiality obligations
10. Breach and Remedies: Consequences of breach and available legal remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Banking Secrecy Provisions: Additional provisions when the audit involves banking clients, incorporating Article 47 of the Swiss Banking Act requirements
2. International Data Transfers: Provisions for cross-border data transfers when the auditor operates internationally or data is processed abroad
3. Group Company Provisions: Additional terms when the auditor needs to share information with other group companies or network firms
4. Industry-Specific Requirements: Special provisions for regulated industries like healthcare or insurance
5. Insider Information: Additional provisions when the auditor may have access to stock price-sensitive information
6. Data Protection Impact Assessment: Specific provisions when processing involves high-risk data under Swiss FADP
7. Third-Party Access: Provisions for situations where external experts or specialists need to be involved
1. Schedule 1 - Scope of Services: Detailed description of the audit services to be provided
2. Schedule 2 - Security Protocols: Specific security measures and protocols to be followed
3. Schedule 3 - Authorized Representatives: List of individuals authorized to access confidential information
4. Schedule 4 - Data Processing Requirements: Specific requirements for handling personal data under Swiss FADP
5. Appendix A - Document Return Form: Template for documenting return or destruction of confidential information
6. Appendix B - Incident Reporting Protocol: Procedures for reporting security incidents or breaches
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