Contracts

Translating a contract is not always a good idea

Having a legal document translated is not without risk: legal terms often have their own meaning and interpretation, and what is a synonym linguistically is not always a legal one. Therefore, offer a translation only as an indication...

Published on 30 November 2021 by MKBjuristen.nl
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Having a legal document translated is not without risk: legal terms often have their own meaning and interpretation, and what is a synonym linguistically is not always a legal one. Therefore, offer a translation only as an indication (agree that the Dutch version is the only valid one), have it produced by a legal translation agency, and have the contract explained by a lawyer if necessary.

Many entrepreneurs have legal documents — such as a privacy statement or general terms and conditions — translated. Caution is advised when doing so. We explain the risks and offer an alternative.

A translation is not always identical

A translated contract does not always fully correspond to the original, especially when dealing with legal terminology and a translator without legal knowledge. In the legal world, words often have their own meaning, and interpretation by judges plays a role: a linguistic synonym is not necessarily the same legally, particularly for terms without a statutory definition. Moreover, some Dutch legal terms are virtually untranslatable.

Offer the translation for information only

Sometimes a translation is unavoidable, for example when working with an expat who does not speak Dutch. In such cases, offer the translation purely for informational purposes: agree that the Dutch document is the only valid one and that the translation serves only for information. Have the translation produced by a legal translation agency that combines legal expertise with linguistic skills.

Sometimes a sworn translator is required — legally authorized to translate official documents, such as wills or articles of association. For a cooperation agreement, for example, the translator does not need to be sworn.

Have the contract explained

A translation is not always useful for the counterparty: some terms are difficult to translate or become meaningless, and terms with a legal definition can only be understood *with* that definition. Therefore, supplement the indicative translation with a legal explanation. With the ContractCheck, the legal experts at MKB Juristen check the contract against applicable legislation (even if it was not translated by us), provide advice, and ensure that the counterparty knows what they are signing.

Make agreements about the costs

There are costs associated with translation or a ContractCheck. Agree on who bears these costs — yourself, the counterparty, or fifty-fifty — and preferably record this in writing.

Frequently Asked Questions

Can I just have my contract translated?

It is possible, but legally, a translation is risky. Offer it as an indicative version, with the Dutch version as the only valid one, and have it produced by a legal translation agency.

Do I need a sworn translator?

For official documents such as wills or articles of association, yes. For a cooperation agreement, for example, a (legal) translator who is not sworn in is usually sufficient.

What if the other party does not understand Dutch?

Offer an indicative translation and have the contract explained by a lawyer, so that the counterparty knows what they are signing without the translation becoming the binding version.

Have a contract translated or explained

MKB Juristen provides contracts governed by Dutch law in many languages ​​and checks them via the ContractCheck. View our expertise in contract law or schedule an intake meeting .

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

Drafting, reviewing, and amending contracts
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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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