Multi-Language Legal Translation
Services for U.S. Employers

Safe Harbor Privacy Framework,
and Data Protection Legislation in the U.S.
and in the EU

Multi-Language Legal Document Translation Services

We’ve blogged about multi-language legal translation services and data privacy laws in the EU from the employer’s perspective, as well as the role of document translation in the cases involving workplace bullying in multi-lingual setting.  EU data protection legislation has posed specific challenges to U.S. employers who conduct business in Europe.  And professional translation and interpreting services can help lessen the U.S. employer’s burden.
According to EU law, personal data must be adequately protected against loss or theft, including through appropriate technical and organizational measures – the scope of which is determined by the sensitive nature of the personal data.  On the other hand, U.S. law is much more fragmented than EU law in respect to data protection. With various federal, state and local laws targeting different categories of data, many areas of personal data are left largely unregulated. This is not the case in the EU, where EU legislation has a much more united and uniform approach to dealing with data protection. Even if legislation differs slightly from one EU state to another, it always maintains the same basics and principles.

Due to EU regulations, a U.S. business has limited ability in terms of collecting, retaining and transferring employee data within Europe and abroad. In order to transfer required data, specific legal requirements must be met. The EU currently recognizes three cross-border data-flow vehicles with the U.S.  One of this vehicles- the “safe harbor” privacy framework that the U.S. Department of Commerce has negotiated with the European Commission- requires that a foreign language translation of the relevant EU state be filed:

  • A U.S. company can self-certify with the U.S. Department of Commerce that it adheres to a standardized set of data protection principles.
  • It can adhere to certain Model Contracts with its EU subsidiaries and agree to abide by mandatory data protection provisions.
  • It can develop a set of binding corporate rules that must be ratified by each EU member state’s data protection authority.

 

Up Next: Multi Language Translation, Professional Language Translation, and Privacy in the EU Workplace- the International Employer's Perspective