AICPA Code of Conduct Section 7216 - "A member in public practice shall not disclose any confidential client information without the specific consent of the client."
An NDA is generally an enforceable contract, and violating it could lead to a lawsuit on a number of grounds. Those who have been victims of an NDA violation should carefully review their options before taking legal action. They may have no choice but to act to protect their business or reputation.
Whereas confidentiality agreements are typically devised in employment or personal situations to protect sensitive information, NDAs are often used in business and legal settings to protect trade secrets, client lists, and financial data.
In most cases, CPAs do not need to sign an NDA because confidentiality is an established part of their professional responsibilities. However, if a client requests an NDA for added assurance, some CPAs may agree to sign one, although it is not necessary.
When Do You Need an NDA? Whether looking for investors, hiring new employees, or seeking new partners or collaborators, at some point sensitive information must be shared with individuals or entities outside your organization. NDAs ensure that a company moves forward safely with these processes.
Confidentiality requires an accountant never to disclose a client's information without permission from that client. Because of the fiduciary relationship and confidentiality, a client can feel comfortable sharing sensitive information and facts with the accountant.
You do not need a lawyer to create and sign a non-disclosure agreement. However, if the information you are trying to protect is important enough to warrant an NDA, you may want to have the document reviewed by someone with legal expertise.
All NDAs should include these specific elements: Identification of Parties: Also known as “parties to the agreement”, the purpose of this section is to identify the people and/or entities involved in the non-disclosure contract. It explains who the disclosing party and recipient of are, using names and addresses.
If you need an NDA, looking at templates online isn't a bad place to start, but ideally you should work with a lawyer who can write a simple NDA for you or tweak the one you have. You may be able to find someone in your community who can do it for a few hundred bucks.
What is a nondisclosure agreement? Whereas confidentiality agreements are typically devised in employment or personal situations to protect sensitive information, NDAs are often used in business and legal settings to protect trade secrets, client lists, and financial data.