When and How Should Companies Include Audit Rights in Third-Party Contracts? (Part Three of Three)

Significant corruption risks continue to stem from the actions of third parties that companies hire.  As detailed in our series about anti-corruption reps and warranties in third-party contracts (Part One and Part Two), appropriate reps and warranties help to mitigate those risks.  Clauses pertaining to audit rights are some of the most difficult to get right, and can be some of the most important.  Our three-part series provides guidance on when and how companies should include audit rights in their third-party contracts.  This third and final article in the series discusses when conditions are ripe for a third-party audit; best practices to use when performing the audit; and what to do about issues uncovered by the audit.  The first article discussed how companies should determine which third-party relationships require audit rights and outlined the benefits and drawbacks of including audit rights provisions in contracts.  The second article provided strategies for securing audit rights during negotiations; discussed situations where companies should or should not proceed without audit rights; and provided advice regarding drafting audit rights provisions. 

To read the full article

Continue reading your article with an ACR subscription.