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New Translation Contracts Standard
DIN 2345 to be published in early 1998

Deborah Fry, Fry & Bonthrone Partnerschaft

After over three and a half years’ preparatory work, the draft DIN 2345 standard, “Übersetzungsvorhaben” (English working title “Translation Contracts”) is ready for submission. In addition to providing practical definitions of a number of key translation concepts, the new standard documents the entire translation workflow in very general terms, and lays down the rights and duties of both the translator and his or her client within this. Following publication of the standard within Germany, it is hoped to be able to have it adopted at the European level as well.


Work towards the new standard started in February 1994, with the institution of a new subcommittee, “Übersetzungspraxis” (“Translation Practice”) within DIN NAT Working Committee 3, which is devoted to terminology practice). The group included representatives of the Bundesverband der Dolmetscher und Übersetzer (BDÜ) e.V. (the Federal German Interpreters’ and Translators’ Association), heads of private- and public-sector translation departments, freelance translators, academic teachers of translation, and terminologists and documentation specialists. In addition, representatives of both the Austrian and the Swiss professional associations attended the meetings of the working group.

The DIN 2345 standard was specifically designed to apply to all types of translation (but not interpretation). It also aims to cover all sizes of service provider, including individual freelances, service vendors, and in-house translation departments. The splitting up of large projects is also covered, although not in depth.

To avoid the traditionally bitter and fruitless debates about how to define and measure the quality of translation itself, DIN 2345 focuses on the requirements to be met by translation contracts. (This English translation of the German term “Vorhaben” was chosen faut de mieux after long discussion by a majority of the working group charged with producing an English translation. To avoid any potential confusion, it should be made clear that the standard by no means attempts to interfere with the contractual freedom of the parties in a legal sense - something which would be illegal. As with all standards, its use or non-use is a matter of negotiation between the parties; if used, however, DIN 2345 aims to simplify and standardize the translation process around best-practice models, and hence contribute to the production of high-quality products).

This focus on the framework for translation has another important advantage: it clearly outlines the joint and several responsibility of client and translator for the finished product. In other words, it attempts to bridge the often surprisingly large know-ledge gap on both sides. While many translators are surprisingly ignorant of (especially) process-oriented quality concepts and the constraints of modern business, many clients are unaware of the nature of the translation process and their own supporting role.

The main areas covered by the DIN 2345 standard are as follows:

  • the translation workflow, including
    • translator selection;
    • cooperation between all parties involved in translation;
    • support by the client;
    • subcontracting and splitting up of large jobs;
    • accompanying documentation;
  • the source text;
  • the target text (i.e. the translation), and
  • the checking of translations before delivery to the client.

The precise provisions will now be examined in more detail.

The Translation Workflow

1. Translator selection

The first section covered states that the client must ensure that only suitably qualified translators are used. Criteria affecting this decision are listed as:

  • translator qualification: this includes both formal/academic (translation and non-translation) qualifications, and other training and relevant translation experience);
  • competence in translation (not, unfortunately, automatically guaranteed by formal qualifications);
  • competence in the language combination required: in this context, the client is expressly required to weigh up whether the translator should be a native speaker of the source or the target language;
  • experience in translating texts from the subject area in question;
  • technical equipment and other tools;
  • capacity to deliver on time; and
  • where required, the ability to produce sworn translations.

2. Points to be agreed between the client and the translator

Once the client has selected a suitable translator, the two parties must reach agreement on both the organizational and the content-related aspects of the work to be performed. This agreement may take the form of either a one-off contract or, in the case of recurring work, many of the provisions can be documented in a master contract. In particular, the following issues must be covered:

  • Organizational aspects
    • inquiry, offer, and confirmation of order (including the provision that any changes must be agreed by both parties);
    • the deadline, conformance with which on the part of the translator depends on the client providing the text and all other necessary information on time;
    • the delivery form (online, hard-copy, etc.) and channel (e-mail, post, etc.) required;
    • the use of specific hardware or software, if desired;
    • additional services (e.g. terminology work, DTP, revision by third parties); these should be agreed and billed separately;
    • the price, which can either be calculated on the basis of lines, words, or time, or take the form of a fixed-price offer;
    • checking by third parties (e.g. when performed by a subject specialist as a separate service, as opposed to the checks to be performed by the translator);
    • the return of client materials, if required;
    • confidentiality requirements;
    • whether or not the translator will be named as such in the case of published works; and
    • that the translator should be provided with a reference copy of the finished work.

In addition, client and service provider must also communicate on the following issues:

  • Content-related aspects
    • the client must inform the translator of the text’s function and target audience;
    • the client must tell the translator of the use to which the translation will be put, and may only use it for this use (this is to prevent, for example, “FYI” translations being used for publication without revision);
    • where the client wants specific terminology to be used, the translator must be told of this and supplied with relevant resources;
    • the use of specific language variants (e.g. UK or US English, or simplified or traditional Chinese) must be agreed, as must
    • the use of specific corporate language rules or terms must be arranged if desired and the necessary guidelines provided;
    • the use of controlled language must also be separately agreed and the necessary instructions made available, and
    • last but not least, if the translator needs to adapt the text to the requirements of the target culture, he or she must inform the client of this.

Support by the Client

Under the standard, the client has a duty to provide information and materials such as specialist literature, terminology, glossaries, parallel texts and background material, and to enable the translator to visit any facilities etc. as far as is possible and sensible for the work in hand. In addition, the client must provide the translator with the names of competent contacts in the case of questions. It is also recommended that translators are provided with feedback on the translation and the way in which it was performed.

Subcontracting and Splitting up Work

A translator or company taking on work remains responsible as against the client even where the work is subcontracted or split up. This applies in particular to the coherence of the language, contents and terminology.

Project Documentation

The translator must use a consistent procedure for the documentation of translation jobs; the system used must include information on the terms and conditions agreed, on the translation itself and issues connected with this, and administrative information. A long list of points which may be included in such documentation is given in the standard; the translator has a certain degree of latitude as to what to include since the level of documentation should be in proportion to the size of the job or business relationship.

Documentation on the initial inquiry, the offer and confirmation of the order, and the secrecy agreement, if any, should be preserved, as should the original text, invoice, any background information (or references to it), the target text, the record of any third-party check made, and any reference copy of published works supplied to the translator. The periods for which this information should be kept are those laid down by law or under the contract.

The Source Text

The responsibility for the source text lies with the client; however, the translator should inform him/her of any errors found. The client is responsible for correcting any errors and answering the translator’s questions. The translator is responsible for analyzing the source text and other information provided and for any other additional research.

The Target Text

The target text must correspond to the rules of the target language with respect to its orthography, grammar and use of language. In addition, it must meet the specifications agreed between client and translator and, unless otherwise specified, a number of default rules regarding completeness, presentation (paper size, typography, text structure, list handling, tables and illustrations, footnotes, references, symbols, etc., and translator’s notes) and language (names and short forms, titles, transliteration and transcription, dates and times, quotations and new terms). In many cases, the default provisions are taken from other German or international standards.

Revision

Before delivery, the translator must check every translation for completeness, correctness of content and terminology, spelling, grammar and use of language, compliance with agreements with the client, and appropriateness of any translator’s notes. The precise degree of effort put into checking can depend on the purpose to which the translation will be put (e.g. “FYI” translations will require less stylistic reworking than for-publication ones). The checks laid down in this section are independent of any third-party QA to be provided as an additional service.

Self-certification and use of DIN symbol

Translators may declare on their own responsibility that they produce translations on the basis of DIN 2345. They can also have such a declaration of conformity registered with DIN CERTCO, a process which entitles them to use the DIN symbol. The declaration and the symbol may be used by the translator even where the client does not conform with his/her duties under the standard. This provides translators working to DIN 2345 with a useful marketing tool, and one which costs only a fraction of certification according to ISO 9000.

DIN 2345 and Localization

As outlined above, DIN 2345 is a useful general-purpose tool for ensuring translation standards, especially where freelances are involved. It may also be used for the translation part of localization projects, either on its own or as part of a broader quality system. The general provisions given in the sections on target texts and revision, and the freedom it allows users to incorporate detailed client specifications should enable, for example, its use with the language-specific aspects of the LISA QA Model.

This opens up the possibility of localization service providers using DIN 2345 in their dealings with freelance translators in particular. In addition, it will be possible to use DIN 2345 within the context of ISO 9000 certification schemes as part of the documentation of workmanship criteria, or in the specifications for/quality assurance of purchased translations.

Further Information

Copies of the DIN 2345 standard (in German) can be obtained from DIN Deutsches Institut für Normung e.V., 10772 Berlin, Germany. An English translation is currently in preparation.


Deborah Fry
Fry & Bonthrone Partnerschaft
Language Consultancy and Services
Rochusplatz 10
D-55252 Mainz-Kastel, Germany
Tel +49 6134 22504
Fax +49 6134 22860
E-mail: 100637.711@compuserve.com




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