Respect for professional secrecy is enshrined in a Code of Ethics. One of these is professional secrecy. When he becomes a member of the Ordre des Experts-Comptables, he must obey this rule with regard to all his clients. Failure to do so may result in sanctions.
Definition of professional secrecy
Throughout his missionconfidential information is transmitted to the chartered accountant (invoices, pay slips, bank statements bank statements, etc.) transmitted by his clients. He is therefore bound not to make information and documents to third parties. The aim is to maintain a relationship of trust and confidentiality with clients.
Exceptions to this rule
There are a few exceptions to professional secrecy. In some cases,
information, originally confidential, may be made public. Above all, as long
as disclosure does not harm the customer. For example, for example, when
filing annual financial statements which must be published
every year. Other situations a chartered accountant's professional secrecy
to be lifted :
- If legal action is taken against the chartered accountant. He may use
them in his defence
- Certain government bodies may have access to this information
(commissioners, criminal courts, AMF)
- Between partners, within the firm
Penalties for breaches of professional secrecy
Violation of professional secrecy is severely punished. Indeed
since this obligation is a matter of the law and
Code of Ethics of the chartered accountant, they risk
severe penalties.
First, the chartered accountant engages its criminal
liability, it can therefore incur 15,000 euro
fine and 1 year imprisonment.
In addition, the chartered accountant also engages its civil
liability. The court may order him to pay
damages to the victim for the harm suffered.
Lastly, there is also disciplinary liability is also
incurred. Indeed, the accountant can be reprimanded
or removed from the roll of the Order of Chartered
Accountants.
In conclusion, the accountant is subject to professional secrecy
throughout his work. You can therefore have complete confidence in
entrusting your company's accounting to him.