Auditor NDA/CDA [GxP / QC / QA]

posted by ElMaestro  – Denmark, 2021-03-09 19:22 (1192 d 22:29 ago) – Posting: # 22254
Views: 2,906

Hi all,

Here's a problem that is gettíng bigger and bigger: I believe CROs, especially the very large ones, are increasingly asking auditors to sign CDAs/NDAs, which open up for lawsuits against the auditor.

When faced with it, I am flat out refusing it, noting that:
  1. I do not feel I am entirely independently if I need to handle the Sponsor's GCP-interest while at the same time have to worry about a lawsuit against me (and no, sponsors do not generally offer legal protection if this should happen).
  2. I am always working under a CDA with the sponsor anyway, and this is in part to protect the auditee.
  3. Precedent, especially with FDA inspectors, seems to suggest that regulators do not acknowledge auditor independence if there is an existing written agreement of any type between auditor and CRO (but granted, it isn't a matter they often look too rigorously into).

Some CROs have denied me access due to absence of a CDA.
This is becoming an increasingly big issue these years. I feel I can do absolutely nothing. With this post I wish to create awareness, and I'd be happy to hear other people's experience and/or opinions pro and con.

In three cases the NDA/CDA a CRO asked me to sign was so strict that my legal advisor told me I would technically be in breach of the confidentiality if I shared my audit report with the sponsor.:lookaround: We need to get rid of all this rubbish. CRO's please stop asking auditors to sign CDAs. Now.

Pass or fail!

Complete thread:

UA Flag
 Admin contact
23,056 posts in 4,840 threads, 1,641 registered users;
192 visitors (0 registered, 192 guests [including 83 identified bots]).
Forum time: 18:51 CEST (Europe/Vienna)

Exploratory analysis: The art of finding a Rembrandt
in a Jackson Pollock.    Stephen Senn

The Bioequivalence and Bioavailability Forum is hosted by
BEBAC Ing. Helmut Schütz