Explore key translation shifts in legal terms and how they prevent costly errors in contracts, regulations, and international treaties
Legal language isn’t static; it evolves. As laws adapt to new realities, the terms we use to describe them must evolve too. Because one imprecise word in a translated law or contract can spark disputes and even regulatory consequences.
Over the years, institutions like the EU and WIPO have fine-tuned legal terminology across languages to fix past missteps and prevent future ones. In this post, we’ll explore real-world cases where a single word made a legal difference, and how better terminology helped set things right.
The Consequences of Misused Legal Terminology
In legal contexts, every word carries immense weight. A light misstep in translation can change the meaning of a contract, law, or treaty, jeopardizing business deals or compromising intellectual property rights.
In these high-stakes environments, “close enough” is a recipe for disaster. Even subtle differences in word choice can drastically change a legal document’s intent. Take “unsolicited” versus “unwanted,” for example. Seemingly interchangeable, yet legally distinct.
Also, legal terms rarely have direct, one-to-one equivalents in other languages. A small mistake (e.g., using the wrong term for “data subject”) can trigger misinterpretations and create misaligned legal obligations.
Terminology on Trial: Real Cases Where a Word Made (Legal) Trouble
Over time, certain terms have been refined to clear up misunderstandings and make sure they fit the legal frameworks they’re part of. Let’s take a look at some examples where these changes in terminology helped solve legal challenges and prevent future problems.
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Titular de Datos Tenedor de Datos
In Spanish data protection law, titular de datos was traditionally used to translate “data holder.” But this led to major confusion. Titular de datos is more commonly associated with the data subject (the person whose data is being processed, not the entity holding or controlling the data).
This ambiguity became a sticking point when new EU regulations were reviewed. Why? Titular de datos could easily be mistaken for interesado (data subject) in legal texts and public communications.
To fix this, the EU adopted tenedor de datos to refer to the data holder. This term makes it clear that the data holder is the entity that has the rights or obligations related to the data, not the individual it concerns.
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Licenciatario vs. Licenciante
A classic example of a mistranslation comes from the 2014 European Commission Regulation (EU No. 316/2014), In the Spanish version, “licensor” was mistakenly translated as licenciatario, reversing the intended meaning.
This was no minor oversight. The roles of licensor and licensee carry opposite legal obligations. Using the wrong term could have led to serious misinterpretations in licensing agreements. That’s why a formal corrigendum was issued to correct the mistake. Licenciatario was replaced with licenciante, restoring the correct meaning.
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Unsolicited vs. Unwanted
The EU’s e-Privacy Directive (2002/58/EC) uses the term “unsolicited communications” to refer to messages sent without the recipient’s consent (think spam). But the Dutch version incorrectly translated this as “unwanted communications.”
The problem? “Unwanted” is subjective. Simply something the recipient doesn’t want, rather than something sent without their consent. This slight shift in meaning caused confusion and prompted Dutch legislators to step in.
To clarify, they added a footnote in the Dutch Telecommunications Act, noting that the original Directive’s intention was to address “unsolicited” communications (not just messages the recipient doesn’t like).
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WIPO’s Battle for Consistency in Spanish Treaty Terminology
Ensuring consistent terminology across treaties is essential. In 2022, WIPO identified translation errors in the Spanish version of the Lisbon Agreement, which governs the protection of appellations of origin. These discrepancies between the Spanish text and the English and French versions risked causing misinterpretations.
To resolve this, WIPO issued corrections to align the Spanish wording with the other languages. This was particularly important because the term notoriedad was used in the Spanish text, when “reputation” was the intended legal meaning (as used in English and French).
How Institutions Keep Legal Language Precise
Institutions managing multilingual laws and treaties must ensure that legal terminology is only accurate and uniform across languages. That’s why they implement robust checks and balances in their translation processes.
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EU’s Translators, Jurist-Linguists, and IATE
The European Union’s translation service is a prime example of how large institutions manage legal terminology. The EU relies on a network of translators, jurist-linguists, and terminology databases like IATE (Interactive Terminology for Europe) to ensure that legal terms are accurately translated across all 24 official languages.
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Corrigenda: What Happens When Laws Need a Second Draft
Sometimes, ambiguities or errors are discovered after a law is published. In such cases, an official corrigendum (correction notice) is issued to rectify misinterpretations.
For example, after the General Data Protection Regulation (GDPR) was published in 24 languages, translation issues were found, leading to a formal corrigendum.
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WIPO and Bilingual Treaties
For international treaties, ensuring that every language version is equally binding is crucial. WIPO uses its multilingual terminology portal, WIPO Pearl, to standardize terms like “geographical indications” across languages.
This proactive approach prevents discrepancies and ensures that all official language versions of international treaties are consistent.
Why This Matters for Your Business
These examples make it clear: “close enough” doesn’t cut it in legal translation. The stakes are too high, and the consequences of misinterpretation are far too serious.
To protect your business, you need to partner with professional, legal-savvy linguists. These experts understand not only the language but also the legal systems behind it. Contact us for precise and reliable legal translations tailored to your business needs.
