Pages in topic:   < [1 2]
NDAs and confidentiality
投稿者: Maria Teresa Borges de Almeida
Adieu
Adieu  Identity Verified
ウクライナ語 から 英語
+ ...
Insurance??? Jan 28, 2022

Unless you're translating materials for treating physicians, contracts without a "source language version supercedes translation in case of discrepancies" clause, or sworn testimonies, that seems a bit excessive... or am I behind the times and this is the new normal?

What does it cost and what does it cover?

Christine Andersen wrote:

Adieu wrote:

Does ANYONE have a real-life example of a translator getting sued or lawyerly-harrassed over a non-malicious breach of an NDA?

And under non-malicious, I include leak-free work despite hidden non-competes and any other such crap. Anything short of intentionally marketing company IP to outside parties or deliberately seeking out personal arrangements with company clients.



[Edited at 2022-01-27 15:00 GMT]

[Edited at 2022-01-27 15:01 GMT]


But I do not believe in signing a dozen pages of mumbo-jumbo. If I sign, I consider it binding, and I have to be able to stand by it, not just full of good intentions.

I have heard of a translator being asked to pay for the consequences of negligence. I do not know the full story, and it was settled out of court. I hope the translator's insurance company paid. I have a policy myself to cover that kind of thing, but it is limited to direct damages. I simply do not have the assets or insurance cover, if I should be the first actually to be sued.

I once persuaded an agency to change the wording in their NDA. They never sent me any work ...


 
Christine Andersen
Christine Andersen  Identity Verified
デンマーク
Local time: 19:43
2003に入会
デンマーク語 から 英語
+ ...
My insurance covers a lot of things that really might happen Jan 29, 2022

I don´t have my insurance policy handy, so this is from memory.

However, my insurance that covers fire, theft, computer breakdown and malware, loss of earnings up to a certain extent if I am seriously ill, and professional indemnity, i.e. if a client claims for negligence. I am covered up to several million Danish kroner, a bit more than a million EURO, but only for direct losses, and not unlimited sums.
It is far cheaper, if the client's claim is not unreasonable, to accept
... See more
I don´t have my insurance policy handy, so this is from memory.

However, my insurance that covers fire, theft, computer breakdown and malware, loss of earnings up to a certain extent if I am seriously ill, and professional indemnity, i.e. if a client claims for negligence. I am covered up to several million Danish kroner, a bit more than a million EURO, but only for direct losses, and not unlimited sums.
It is far cheaper, if the client's claim is not unreasonable, to accept it and settle out of court, but then the story is not spread around.

An error that is technically very small can still prove costly. ´Source takes precendence over the translation´ clauses are useless if someone who cannot read the source and is not aware of the error relies on the translation anyway.

Think of a decimal in the wrong place, or a lot of glossy brochures that have to be scrapped and reprinted in a hurry, or, in the story I heard, an error in a divorce certificate. The authorities refused to recognise the divorce, which meant a wedding had to be cancelled or postponed - with legal fees, celebrations, guests travelling from several countries, and whatever else was involved.

The policy I have does not cost much what I can earn in a day's work before tax, for a year's cover - but I know some colleagues pay a lot more. It is nothing new - I have taken out insurance ever since I started freelancing in 2003, and the insurers had been running a scheme for freelancers for some time before that.
I have never made any claims on my insurance, but it is good to know it is there!
Collapse


 
Peter Bak
Peter Bak
デンマーク
Local time: 19:43
英語 から デンマーク語
+ ...
I received an NDA to the effect that... Mar 17, 2022

... i would restrict myself to only work for them. A paraphrasing would sound like:

"You shall not without our consent provide services to any other person or entity or be involved or interested in any employment, activity or business where that conflicts or may conflict with our interests or interferes or may interfere with your ability to perform services for us"

I just skimmed through it so it could contain other shocking things like that. Big no from me. And it woul
... See more
... i would restrict myself to only work for them. A paraphrasing would sound like:

"You shall not without our consent provide services to any other person or entity or be involved or interested in any employment, activity or business where that conflicts or may conflict with our interests or interferes or may interfere with your ability to perform services for us"

I just skimmed through it so it could contain other shocking things like that. Big no from me. And it would be valid for almost 2 years, unless both parties agreed to terminate it.

[Edited at 2022-03-17 11:09 GMT]

[Edited at 2022-03-17 11:37 GMT]
Collapse


 
Kay Denney
Kay Denney  Identity Verified
フランス
Local time: 19:43
フランス語 から 英語
. Mar 18, 2022

Peter Bak wrote:

... i would restrict myself to only work for them. A paraphrasing would sound like:

"You shall not without our consent provide services to any other person or entity or be involved or interested in any employment, activity or business where that conflicts or may conflict with our interests or interferes or may interfere with your ability to perform services for us"

I just skimmed through it so it could contain other shocking things like that. Big no from me. And it would be valid for almost 2 years, unless both parties agreed to terminate it.

[Edited at 2022-03-17 11:09 GMT]

[Edited at 2022-03-17 11:37 GMT]


I don't know about Denmark but in France that would be called "disguised salaried work" where in fact you have the same obligations as an employee with a non-compete clause. So then the client/employer would also have to pay at least minimum wage, and give you top-up health insurance and vocational training and five weeks paid leave and unlimited sick leave and severance when they fire you.


Maria Teresa Borges de Almeida
Peter Bak
 
Nikolay Novitskiy
Nikolay Novitskiy  Identity Verified
ロシア連邦
Local time: 22:43
2018に入会
英語 から ロシア語
NDAs are a very important Mar 19, 2022

I'm really concerned about complying with all the NDA requirements I signed. The world is on the brink of a nuclear conflict, and I don't know how to ensure safety of the confidential data in a case of a nuclear strike.

Though the blast kills me and turn to radioactive ashes, the hard drive inside my PC may survive the attack (please correct me if I'm wrong). In such a case there is a risk that some marauding mutants (wich can be considered "third parties") get unauthorised access t
... See more
I'm really concerned about complying with all the NDA requirements I signed. The world is on the brink of a nuclear conflict, and I don't know how to ensure safety of the confidential data in a case of a nuclear strike.

Though the blast kills me and turn to radioactive ashes, the hard drive inside my PC may survive the attack (please correct me if I'm wrong). In such a case there is a risk that some marauding mutants (wich can be considered "third parties") get unauthorised access to the confidential data (client names, product titles, contacts, etc). The client will suffer "irreparable losses" as a result of such an NDA breach.

I take NDAs very seriously. I wonder, if there is any possibility to avoid such a risk? Thank you in advance
Collapse


 
Pages in topic:   < [1 2]


To report site rules violations or get help, contact a site moderator:

このフォーラムのモデレーター
Maria Castro[Call to this topic]
Nawal Kramer[Call to this topic]

You can also contact site staff by submitting a support request »

NDAs and confidentiality







Trados Business Manager Lite
Create customer quotes and invoices from within Trados Studio

Trados Business Manager Lite helps to simplify and speed up some of the daily tasks, such as invoicing and reporting, associated with running your freelance translation business.

More info »
CafeTran Espresso
You've never met a CAT tool this clever!

Translate faster & easier, using a sophisticated CAT tool built by a translator / developer. Accept jobs from clients who use Trados, MemoQ, Wordfast & major CAT tools. Download and start using CafeTran Espresso -- for free

Buy now! »