Confidentiality in Legal Translations - What You Need to Know

September 25, 2024
Confidentiality in Legal Translations - What You Need to Know

It seems like every other day there's a news story about another data breach. They're becoming more and more common, which is why maintaining confidentiality in legal document translations is so important. Legal professionals rely on accurate and confidential translations for sensitive documents like contracts, litigation files, and intellectual property documents. 

However, ensuring legal translation confidentiality goes beyond mere privacy. It requires implementing comprehensive data security measures that safeguard every step of the process. In this article, we'll look at the best ways to keep confidential translated legal documents safe, including using the latest tech and making sure we stick to international rules.

Why confidentiality matters in legal translations

Confidentiality in translating a legal document isn't just about keeping secrets; it's about safeguarding sensitive legal information that could lead to severe financial, legal, and reputational damage if exposed. Legal document translation professionals must handle documents like litigation files or multinational contracts with extreme care because a leak or inaccurate translation can have disastrous consequences.

For example, the exposure of sensitive details from a high-profile court case could lead to public scrutiny, damage to client trust, or even legal action. This is why protecting confidential legal translations is paramount, and why translation providers need to ensure that both the translated documents and the translation process remain secure.

Read more: Strengthening Data Security Measures in the Legal Translation

Legal ramifications of confidentiality breaches

Translation errors in legal documents can have severe consequences. Even small mistakes can alter the meaning of important clauses, potentially leading to misinterpretation of legal rights and obligations. This can result in disputes, contract breaches, or even court cases. 

For instance, a mistranslation of a termination clause might be misunderstood as a break clause, which carries different legal implications. Inaccurate translations not only expose companies to costly litigation but also carry significant penalties under international data protection laws.

In the European Union, for example, the General Data Protection Regulation (GDPR) imposes fines of up to 4% of a company's global turnover for breaches involving personal data. Similarly, in the U.S., HIPAA violations can result in penalties ranging from $100 to $50,000 per violation. 

These penalties emphasize why businesses must ensure both accuracy and confidentiality in legal document translations. The risks associated with translation errors and confidentiality breaches underscore the importance of using skilled legal document translation professionals to avoid damaging legal and financial consequences.

Data security measures for translating legal documents

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When handling translation security, ensuring airtight confidentiality involves a combination of robust technological solutions and best practices.

End-to-end encryption: more than just the basics

Encryption is fundamental to maintaining the security of legal documents. However, many providers only scratch the surface with basic encryption. To secure confidential legal translations, advanced encryption methods like quantum encryption are becoming more important. Unlike regular encryption, quantum encryption uses the principles of quantum mechanics to protect data, making it nearly impossible to break.

By employing advanced encryption for translations, you ensure that any documents sent over email or cloud-based systems are protected from unauthorized access. Even if a hacker intercepts the document, they won’t be able to decipher it without the decryption key.

Zero-trust architecture: Trust no one, not even inside

While many companies implement perimeter security measures like firewalls, zero-trust security architecture takes a more proactive approach by assuming that no user or system is trustworthy by default—not even those within the network.

By applying this principle to secure translations, only individuals with specific, verified credentials are granted access to confidential documents. This minimizes the risk of internal leaks or unauthorized access during the translation process.

Blockchain for document integrity

Blockchain technology, commonly associated with cryptocurrencies, has found a powerful use case in legal document translations. Blockchain for translations provides an immutable ledger that records every action taken on a document, from translation to edits, ensuring that no unauthorized changes can be made without detection. 

This technology not only secures the translation process but also provides a transparent audit trail, making it easier to track who accessed and modified the document.

Read more: Legal Translation Precision and Its Impact on Case Outcomes

Compliance and certification standards

For translation providers specializing in legal documents, data protection and confidentiality are essential. ISO certifications such as ISO 9001, ISO 17100, and ISO 18587 provide a framework for data protection and legal compliance. These standards enable providers to deliver high-quality translations while adhering to legal obligations.

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ISO 9001: quality management 

ISO 9001 establishes a Quality Management System (QMS) to ensure translations meet standards for accuracy, timeliness, and confidentiality. It supports compliance with regulations like GDPR and HIPAA through structured workflows and documentation. ISO 9001-certified providers demonstrate adherence to both data protection and legal compliance standards.

For translation legal specialists, this means every aspect of their services is held to the highest level of scrutiny, minimizing risks related to inaccurate translations or data breaches that could result in legal penalties.

ISO 17100: translation services 

ISO 17100 governs the translation process, ensuring qualified linguists, strong project management, and effective review systems. This guarantees accuracy and enforces strict confidentiality protocols for handling sensitive documents like contracts and litigation papers. 

The certification requires security measures such as data encryption, secure storage, and access controls to comply with laws like GDPR, HIPAA, and the Personal Data Protection Act (PDPA) in Asia. ISO 17100 helps prevent non-compliance penalties while safeguarding sensitive client data across jurisdictions.

ISO 18587: machine translation post-editing (MTPE) 

As Machine Translation (MT) becomes more common in legal document translation, ISO 18587 ensures that Machine Translation Post-Editing (MTPE) meets both quality and legal standards. Since MT often uses cloud systems, the risk of data breaches is higher. 

However, ISO 18587-certified providers must implement secure workflows to prevent unauthorized access and ensure translations are post-edited by qualified human translators. This certification guarantees the translation of legal documents using machine assistance still meets the same confidentiality and data protection standards as human translations.

Read more: Asking the Right Questions: 12 Things Your LSP Must Address

Physical and digital infrastructure security

While digital security measures are critical, physical security should not be overlooked. After all, many legal document translation projects still involve physical documents.

Biometric security and secure storage

Consider a translation provider that employs biometric security measures like fingerprint or facial recognition to grant access to physical offices. Secure document storage, including vaults and surveillance systems, should also be part of the infrastructure. 

By combining secure legal document storage with high-level physical security protocols, providers can ensure that even printed legal documents are protected from unauthorized access.

Data residency and sovereignty

Where your data is stored matters. Data residency laws like GDPR require that the personal data of EU citizens be stored in the EU or in regions with equivalent privacy protections. Therefore, it’s important to partner with legal translation providers who comply with data sovereignty regulations. This ensures that your confidential legal documents are stored in the appropriate region and under the correct legal framework, minimizing legal risks.

Emerging trends in legal translation security

As artificial intelligence (AI) grows, translation providers increasingly use Machine Translation Post-Editing (MTPE) for efficiency. However, AI tools must be carefully vetted to avoid compromising confidentiality, especially when relying on cloud storage. 

To secure AI-driven translations, providers can anonymize data or use encrypted servers instead of public clouds. Techniques like data tokenization replace sensitive information with non-sensitive equivalents, making it useless if intercepted. These strategies add an extra layer of protection, reducing the risk of data breaches in translating legal documents.

Read more: Reimagining Human Expertise in Legal AI Translation

Collaborating with clients and vendors for confidentiality

Securing translations requires teamwork between clients, vendors, and translators. Going beyond standard NDAs, firms should implement custom confidentiality protocols, regular audits, and open communication to maintain strong data protection. Since third-party vendors are often involved, strict vendor management is key. 

Providers must thoroughly vet subcontractors and ensure they follow the same confidentiality standards. By doing so, you can safeguard the integrity of your translated legal documents at every step of the process.

Success stories: Tomedes delivers secure legal document translations

With extensive experience in legal document translation, Tomedes has been a trusted partner for numerous law firms and businesses, providing vital support in complex cases. The following case studies showcase Tomedes' expertise in delivering precise, secure translations for highly confidential legal documents.

Seamless and secure Chinese legal document translation

Tomedes provided Chinese translation solutions for a client needing the translation of sensitive legal documents from Chinese to English. The project required accuracy and confidentiality due to the nature of the legal materials. Tomedes assigned native translators specializing in legal terminology and ensured fast turnaround while maintaining data security. The client was satisfied with the quality and professionalism, resulting in accurate legal translations that met strict deadlines.

Confidential and accurate translation of Russian legal documents

Tomedes delivered confidential Russian translation solutions for a client requiring highly sensitive documents translated into English. Given the critical nature of the legal material, accuracy and confidentiality were paramount. Tomedes assigned expert legal translators to handle the project and implemented secure workflows to protect sensitive data. The project was completed on time, and the client was highly satisfied with the quality and professionalism of the translation services provided.

Conclusion

The stakes for maintaining confidentiality in translations have never been higher. Whether you’re dealing with sensitive litigation documents, multinational contracts, or proprietary information, it’s essential to adopt the latest security measures—both digital and physical. From advanced encryption to blockchain and zero-trust architecture, the tools and techniques are available to protect your confidential documents.

Partner with Tomedes, an ISO-certified legal translation provider, to ensure maximum security for your legal documents. We prioritize quality, confidentiality, and data protection, safeguarding your sensitive information from unauthorized access and breaches. Trust Tomedes for precise, secure translations that comply with global standards.

By Clarriza Heruela

Clarriza Mae Heruela graduated from the University of the Philippines Mindanao with a Bachelor of Arts degree in English, majoring in Creative Writing. Her experience from growing up in a multilingually diverse household has influenced her career and writing style. She is still exploring her writing path and is always on the lookout for interesting topics that pique her interest.

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