The High Council may, under the conditions set out in Articles L. 821-12-3 and L. 824-15, conclude cooperation agreements with authorities of non-EU Member States exercising competences similar to its own and which have been recognised by the Commission as meeting the adequacy criteria mentioned in Article 47(3) of Directive 2006/43/EC of 17 May 2006 of the European Parliament and of the Council as amended by Directive 2014/56/EU.
These agreements may only concern exchanges of information and documents relating to the statutory audit, as well as audit or investigation reports, of persons or entities issuing securities on the capital markets of the State concerned or falling within the scope of consolidation of such persons or entities.
These agreements include stipulations ensuring compliance, in exchanges with the authorities of third States, with the requirements set out in articles R. 821-17 and R. 821-18. They specify the terms and conditions of the planned cooperation. In particular, they guarantee:
a) The communication of information and documents from competent authority to competent authority;
b) The statement by the requesting authority of the reasons for its request for cooperation;
c) Compliance with the provisions relating to the protection of personal data ;
d) The use of the information and documents communicated solely for the purposes of the public supervision of persons in charge of statutory audit functions;
e) The protection of the commercial interests of the persons or entities audited, including their industrial and intellectual property rights.