Translation Tips for the Netherlands
On this page we’ll discuss some problems and tips for when you’re thinking about translating legal and financial documents in the Netherlands. We all love freebees, so below we’ll give you some freebees with very useful information and practical examples of problems and pitfalls when it comes to translations in the Netherlands.
You might find this useful because when you look around in the Netherlands everybody will tell you their English is fluent and virtually all translation agencies will tell you they specialize in legal translations. So how do you test that to make sure you receive the best quality translation of your legal documents? Obviously, we’re not talking about small-talk in English—we’re talking about translating legal documents. So does being fluent in English imply being fluent in legal English? One thing they tell you in 1L (first year) in American law schools is that English is one language and legal English a different language altogether. So if virtually all translation agencies tell you they specialize in legal translations, how can you test that?
One way is to ask what they know about the law. Experience per se, even years of translation experience won’t do, because you can do it wrong for years without knowing it, as we have often seen in the texts we had to edit. Often they’re just intermediaries, so they themselves don’t translate. If the translators’ knowledge of the law is based solely on experience in translating documents without any substantive training, it may affect their grasp of the substance of the text which, in turn, may affect the quality of translations that require substantive knowledge. The better you know what the text is about, the better you’ll able to translate its meaning correctly, wouldn’t you agree? Understanding the original is just one step in the process to produce a proper translation, but it is an important one.
Now let’s turn to some examples.
What on earth does the translation say?!
Example 1
Our first example is mortgage information provided by a Dutch company to expats and shows the problem with literal translations:
“Dutch Mortgages in different kinds
In The Netherlands there are different types of Dutch Mortgages. The most common ones are the annuities mortgage (annuïteitenhypotheek) and the linear mortgage (linear hypotheek). Only these two kinds of mortgages are eligible for the interest tax deduction* (renteaftrek).”
First of all, let’s correct the typographical error in the original Dutch: “linear hypotheek” should be “lineaire hypotheek.” So what exactly are these mortgages mentioned here? Are these types unique to the Netherlands? No, although capitalizing the word “mortgages” in “Dutch Mortgages” may make them seem more special. Again, no, these are simply literal translations.
The problem is that these translations don’t bring to mind the English terms that would be used in, for example, America. In fact, they may lead you to something totally different. Notice how, for instance, the “annuities mortgage” may be mistaken for a reversed annuities mortgage. Or are they the same? Do you see the doubts and problems that these literal translations cause? Lastly, “the interest tax deduction” more or less brings you to the proper translation: the home mortgage interest deduction. However, more or less is not enough because you may get sidetracked by incorrect spelling or, even worse, something might get lost in translation.
So how do you get the translations of these technical terms correct? Just ask Plus Ultra because we do our best to use the proper terminology to give you the best translation.
Example 2
The following is a random stamp of a notary seemingly to certify something. You tell us what that something could be please. Look at the words, grammar, spelling and punctuation and tell us if you understand what it says.
“Issued for authentically copy, by mr. [name], notary-public at [somewhere in] the Netherlands, of this to me displayed, with this compared document, on this day, 10th Day of February [. . .].“
It’s impressive how such a short text can have so many language issues. This isn’t a translation made by a professional translator but rather a do-it-yourself job. Just look at the word order of this excerpt—it’s highly problematic. What is an “authentically copy”? Ask yourself that question for every word that follows. Why are the commas there? It makes no sense (pun intended). Many law firms in the Netherlands make do-it-yourself translations, probably to save money (more on that later), and they also have in-house translators. Now you know what the end result in your legal document can look like. You don’t want your translation to be unintelligible.
At Plus Ultra we have a keen eye for these kinds of issues and details. We do all we can to prevent any of these language problems for you.
What exactly does the translation say?
Example 3
Here’s another translation in a legal document.
“WITNESSED THIS DEED
Witnessed this deed the original of which was drawn up and executed in [somewhere in] the Netherlands, on the date first written above.”
First of all, can anybody tell us what “Witnessed this deed the original” means in English please. The problem with this text here is that it leaves you puzzled and confused. Just look at the word order of this excerpt—it’s highly problematic. We don’t know who or what machine made it. This translation is most likely a product of a law firm’s do-it-yourself translation or perhaps of its in-house translator. We don’t know. All we know is that it is unintelligible. In a legal document with legal consequences, these translation problems are serious. If you’re a common lawyer reading the excerpt, would you phrase it that way in an instrument?
Example 4
Our last example shows the problem with using wrong terminology in translations. Here’s a title and heading of a law firm article that popped up during a search:
“Annulment of contract: mistake and fraud.”
Can you as a native English speaking non-lawyer or common lawyer tell us what this title exactly means please: “Annulment of contract.” Would you say it in English this way? In a title of a law-review article? Let’s be honest: no. It sounds like “nullification of contract” but that doesn’t help much. If you’re saying in your mind “I think I know what they mean” or “It probably means . . .” then that means you’re doing a language correction in your mind which in turn means the translation is not correct or accurate.
The same applies to the heading “Vices of consent.” Just read the sentence that follows: “A vice of consent exists if a person’s consent and statement correspond, but that person’s consent was not properly arrived at [. . . ].” How would you actually say this in plain English in a client letter and in legal English in a law-firm article?
Titles and headings are supposed to capture the essence of the text and paragraphs that follow. This article had us wonder about the meaning of the title and heading.
What does it matter anyway?
These are but a few examples of the many we have seen. I’m sure you can find many more. So why is all of this important? A good translation is not supposed to cause you to get puzzled or confused about what it means or sidetracked by incorrect spelling or incorrect punctuation.
This becomes more important when dealing with legal and financial matters—you do not want to get lost in translation. Remember, you’re on the hook once you sign that legal document. You do not want any doubts, inaccuracies, ambiguities or mistakes.
Through our editing, proofreading and translation services Plus Ultra prevents these types of semantic inaccuracies and misunderstandings. Plus Ultra ensures you get the correct legal terminology and best quality of texts.
Plus Ultra Legal Translations
I wish I had known this about translation services in the Netherlands
Example 1
An expat hires a Dutch notary to complete the purchase of his new home. The notary’s services include documents and meetings in English. The notary doesn’t inform the expat that the documents and meetings will be translated by an external translator chosen by the notary. The expat agrees to the notary’s services not knowing who will translate nor that the translation services come at a hefty price. Although quoted as a single invoice item, the price for the English language service consists of the translator’s fees plus the notary’s cut of the translator’s fees, plus taxes. When the expat finds out how much he has to pay for the translations and that he could have gotten much it significantly much cheaper, he is informed that his contract with the notary doesn’t allow him to opt out, plus he already received some documents in English. The expat is not amused. When he finds out the translation and interpretation services are below par, he is very disappointed, to say the least.
Example 2
A non-Dutch speaking company engages a Dutch attorney for legal matters. The attorney’s services include translation of Dutch documents. The attorney does not inform the company how he will have the documents translated, whether by a machine free of charge or by a translator nor whether the translator is professional and competent. The company agrees to the services not knowing who the translator is nor that the services come at a hefty price on top of the attorney’s fees, plus the attorney’s cut of the translation fees. When the company receives the translated documents it cannot tell whether the translation is correct because it doesn’t speak Dutch, but it can certainly tell it’s a translation because it’s hard to follow. To solve the quality problem, the company ends up paying another competent translator of its own choosing to make a proper translation.
Why it matters
These are just two personal examples of many situations that occur very often. They show two interrelated translation problems in the Netherlands. The first is the problem of the non-translation service provider turned intermediary who superimposes himself on the unsuspecting client who needs a translator. That is, the client needs a translator but the non-translation service provider forces the client to engage a certain translator selected by the service provider, not the client. The word “forces” is appropriate here because the client has virtually no option. Although the client agrees in advance to e.g. the notary’s services in English, he doesn’t even know he has to pay for an external translator nor who that translator is even. However, as soon as the expat receives a document in English, the notary has performed his part of the “translation contract” because the expat is already in possession of the translation. The expat’s problem is that he can’t verify the quality of the translation because he doesn’t even know who made it and he doesn’t speak the original language. Here, the expat is relying on the notary, but the notary is not a translator to guarantee or control translation quality. Why is it a problem when a non-translation service provider turned intermediary superimposes himself on a client who needs a translator? Because, although he is not a translator he forces the client to pay for certain translation services, because he doesn’t allow the client to choose, and also because the client may thus be forced to pay for poor quality work. Any complaints about the translation will fall on deaf ears because the intermediary is not one who made the translation and the translator is too far removed from the client who might not even know about the translator’s involvement. These are just some important reasons but we’re sure you can come up with many more.
This brings us to the second problem: hefty translation fees. Let’s be clear the intermediary is not going to do anything for free. He may charge his own fees for finding the translator, either through a direct fee or indirectly by factoring the translator’s fee in his own fee. When you’re not allowed to decide who’s going to perform the work, you lose control over the price you end up paying. What’s worse, the intermediary decides for the client but is not himself a translator to guarantee or control translation quality. Since neither the expat nor intermediary guarantee or control the translation’s quality, the expat might as well decide for himself who’s going to translate for him, after all, he’s the one who is paying for the translations. You can save much money and many headaches by simply choosing your own translator. This allows you to have more control over the service, price and quality. Think about it.