Glossary entry

French term or phrase:

augmentée des prescriptions légales

English translation:

in addition to the periods set out in law

Added to glossary by Lara Barnett
Aug 30, 2022 20:58
1 yr ago
34 viewers *
French term

augmentée des prescriptions légales

French to English Law/Patents General / Conversation / Greetings / Letters Terms for volunteer placement abroad
This is the final paragraph covering only Data Processing requirements of the volunteers information during his placement abroad. I can see this is regarding legal requirements, but I do not understand the use of "augmentée" here

Elles sont conservées pendant la durée de votre Volontariat, augmentée des prescriptions légales et le cas échéant des durées permettant à Business France d'assurer le respect des obligations légales ou réglementaires auxquelles [xxxxxx] est tenu en particulier.....
References
Prescriptions

Discussion

ph-b (X) Sep 2, 2022:
Tagging Thanks Conor. Yes, they're the same and not all are available here, as you say.

But how do you not forget to write half the tag, which regularly happens to me? In this case, I must have forgotten the "end-of-italics" tag after délais de prescription, which is why the rest of the text is in italics. :-)

By the way, I got an answer from site staff. They didn't explain why what is possible in the discussion box and the answer field is not possible in the reference section, but confirmed my request has been "added this to our backlog of ideas and suggestions for site improvement, to be evaluated for possible future implementation". Good, but I'm not holding my breath.
Conor McAuley Sep 1, 2022:
Tagging Same as outlined here I believe: https://www.w3schools.com/html/html_formatting.asp. Not all features available on this site (e.g. subscript etc.).
ph-b (X) Sep 1, 2022:
Lara, Re: (what is a sandbox for?)

I believe it's the name used for a field where you can type your text, then have a look at what it will look like once posted but before you actually post it, so that you can correct spelling mistakes, or mistakes linked to tags (as in my case below!), etc. This is possible here when you post an answer and the explanation that goes with it or when you post a message in the Discussion box, but not in the Reference box - or so I believe.
Lara Barnett (asker) Sep 1, 2022:
@ ph-b No problem. I don't mind non-native speakers helping at all if they provide fluent idiomatic text suggestions, as yours clearly are.
Thanks for your help.
ph-b (X) Aug 31, 2022:
Site staff? Could we have a sandbox, please? So I, at least, could test my poor tag skills?
ph-b (X) Aug 31, 2022:
Lara, Lara,
I know you prefer that people who are not native speakers of English don’t answer to or participate in your questions, so apologies for gate-crashing, but I felt some points had to be clarified.

Conor McAuley Aug 31, 2022:
Of course I didn't know that, but it certainly helps the argument in my favour.

Cheers Chris (Mpoma)!
Mpoma Aug 31, 2022:
Shorthand In fact the term here, prescription, is legal shorthand for durée de conservation des données, "data retention period".

Proposed translations

+1
20 mins
Selected

in addition to the periods set out in law

French law is very specific about how long certain types of documents (insurance-related, legal, etc.) should be kept.
The same, it seems, applies in the area of personal data protection.

So, Jean-Marc comes back on 1 January 2022. His documents need to be kept on file for five years, says the law. So his personal data will/can/must be deleted on 1 January 2027.

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Note added at 22 mins (2022-08-30 21:20:54 GMT)
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Maybe

plus the periods set out in law

is more idiomatic.

But you get the idea, anyway. The bit with "le cas échéant" should be straightforward.

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Note added at 25 mins (2022-08-30 21:23:59 GMT)
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See also https://www.businessfrance.fr/data-protection-charter

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Note added at 1 hr (2022-08-30 22:06:19 GMT)
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You're welcome Lara!

I got into the habit of answering far too many questions during the lockdowns...I hope to kick the habit soon.
Note from asker:
Thank you.
Peer comment(s):

agree ph-b (X) : "extended as set out in law" ? Would that work?
18 hrs
Thanks ph-b! Yeah, possibly.
Something went wrong...
4 KudoZ points awarded for this answer.
+3
1 hr

in addition to the statutory requirements

CY: Conformément à une prescription légale appliquée de façon non discriminatoire, les banques qui proposent des services
[...]
eur-lex.europa.eu

CY: It is a statutory requirement and it is applied on a non-discriminatory manner that banks offering services in the Republic
[...]
eur-lex.europa.eu

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Note added at 1 hr (2022-08-30 22:24:15 GMT)
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"légal" = "statutory". "prescribed by law"
FHS Bridge
Peer comment(s):

agree Yvonne Gallagher : absolutely
12 hrs
thanks!
agree Myriam Seers
16 hrs
thanks
neutral Mpoma : If you look at the context, I think these are clearly time periods, i.e. something similar to "limitation periods" (but in fact "retention periods")
16 hrs
OK but it is still statutory requirements regarding time periods AND "durée" follows in the source text, making that clear
neutral Conor McAuley : (Edit) Closer to the text, you could go this way, but clouds the issue. / I really like "statutory requirements", but it doesn't fit in at all neatly here. / I can't see it – post a note explaining how it fits in? I promise to agree if you can!
17 hrs
OK but it is still statutory requirements regarding time periods AND "durée" follows in the source text, making that clear
agree ph-b (X) : with the meaning, but think that Conor's answer is closer to the source text.
23 hrs
yes, I think now that the notion of "time" has to be woven into the term, but it clearly is about retention periods rather than time-barring/statutes of limitation
Something went wrong...
18 hrs

extended by the statutory retention periods

Yes, Conor has the right idea here. And the context unambiguously tells us that prescription here does not have the meaning "requirement" but something similiar to its other legal meaning, "limitation period".

As Conor says, all this GDPR stuff, and things in French domestic law, lay down strict requirements about keeping documents before destroying them.

So augmenter is used in a temporal sense. They talk of a first durée (de votre Volontariat), and this gets extended.

However, "limitation period" wouldn't be quite right here: a limitation period is specific, namely a time allowed during which some legal action must be taken. This is a slightly different meaning.
Peer comment(s):

neutral Emmanuella : prescription = ce qui est prescrit par la loi
25 mins
No, you've got this wrong. It also means time-limit. You need to look this up in an appropriate dictionary.
agree AllegroTrans
1 hr
Thanks
disagree ph-b (X) : Misreading the text, leading to overtranslation.
6 hrs
Haha.
Something went wrong...

Reference comments

1 day 7 mins
Reference:

Prescriptions

Please note that this is not meant to be a reference. Mpoma had written “In fact the term here, prescription, is legal shorthand for durée de conservation des données, "data retention period" in the discussion box. I think that this is wrong but there is not enough room there to fully explain why.


I wish Mpoma had shown some evidence supporting this statement, but he didn’t.

I checked the GDPR and found this:
1) durée de conservation is translated as “storage period”;
2) prescription is used only once and is translated as “requirement”. I’ll come back to that.

So what does it say about Mpoma's statement?

Just because a word is used in a legal text (Lara’s) doesn’t necessary mean that only the legal meaning of that word must be considered when translating it.

Regarding prescription, checking TLFi this time,

A. DR…
B. 1. Commandement, précepte, règle à suivre.
2. Ordre formel, catégorique.
I’ll come back to those.

In his comment to AllegroTrans’s answer, Mpoma wrote “I think these are clearly time periods, i.e. something similar to "limitation periods" (but in fact "retention periods")”

“Clearly”?

I can’t see that the text explicitly mentions anywhere délai de prescription, which is what I think he must have meant, a phrase one would expect in this context if he were right. Apart from this inaccuracy in terminology, my issue here is that legally, délais de prescription apply, not to the period of time during which documents must be retained (Mpoma’s argument), but to the time beyond which parties may no longer bring an action (délai de prescription d’une action or “time limitation” in English if I’m not mistaken).
Cf. Le lien entre durée légale de conservation et prescription (https://bpifrance-creation.fr/encyclopedie/gerer-piloter-len...

Besides, from a grammatical point of view, I note that prescriptions is in the plural in the text. This, to me, indicates “clearly” that this is about rules. If Mpoma were right, we’d have délais de prescription.

In fact, I read prescriptions as règles à suivre , i.e. what the law (here) says (see TLFi above), “provisions”, so not far from what Emmanuella suggested in her comment to Mpoma’s answer and which he dismissed de manière un peu cavalière if I may say so.

All this makes me think that Conor’s answer is right, or at least as close as possible to what the text says : augmentée des prescriptions légales > extended as set out in law.

On the other hand, Mpoma, I’m afraid, is overtranslating here: there is nothing explicit about any retention period in Lara's sentence (which is not to say, of course, that this is not what the text is about). I can't help feeling Mpoma is wrong, but I won't write it. This would be rude.


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Note added at 1 day 8 mins (2022-08-31 21:06:51 GMT)
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Oops - these tags!
Note from asker:
Thank you for your help - (what is a sandbox for?)
Something went wrong...
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