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Notwithstanding - Sin prejuicio [ perjuicio ] de....

Discussion in 'Legal Terminology' started by incaprincess, Mar 23, 2013.

  1. incaprincess

    incaprincess Senior Member

    Guatemala/USA
    USA, English & Spanish
    Hi. I am translating a privacy policy from English to Spanish. I am a little unclear on the best way to translate this sentence, using the phrase "sin prejuicio de". I know this term is used in many legal documents and it doesn't mean "without prejudice of...". I think the word "Notwithstanding" is the best translation but I need to know if it's worded right with "notwithstanding" incorporated into the sentence. Here goes:

    La EMPRESA, garantiza también la máxima reserva y confidencialidad de las comunicaciones llevadas a cabo con el usuario, así como el tratamiento debido y diligente de los datos de carácter personal entregados por el usuario, sin perjuicio de la publicidad que lleva implícita la inserción de los anuncios en el sitio web por parte del usuario.

    My translation:
    [COMPANY] guarantees the absolute privacy and confidentiality of its communications with the user, as well as the due and diligent handling of the personal data provided by the user, notwithstanding the advertisements through ad insertion on this website by the user.

    What do you think? Did I do it right? If you have any suggestions to improve this translation, please share. Thanks!!
     
  2. ampurdan

    ampurdan Modstachioed modnster

    jiā tàiluó ní yà
    Català & español (Spain)
    First, please notice that "prejuicio" and "perjuicio" are different words with different meanings.

    I'd say it should be "any advertisements added by the user on this website notwithstanding", but this should be correct by someone more knowledgeable in English. It's not a literal translation of the Spanish version, but the Spanish version makes an unnecessary detour.
     
  3. incaprincess

    incaprincess Senior Member

    Guatemala/USA
    USA, English & Spanish
    Thank you for your contribution. Yes, it IS prejuicio. I made a type o. Sorry.
    Second, I like your translation, and it doesn't have to be a literal translation as long as it is a correct translation and conveys the message implied. Thanks for your input.
     
  4. k-in-sc

    k-in-sc Senior Member

    (type o typo)
    Or "[COMPANY] also guarantees the absolute privacy and confidentiality of its communications with the user, as well as proper handling of the personal user data provided, although user-posted ads on the site are implicitly public in nature."
     
  5. RicardoElAbogado Senior Member

    SF Bay Area, California
    American English
    I don't like "absolute privacy" because it maximum and absolute are two different concepts, and it's impossible to guarantee absolute privacy. What about a court order issued to the company to disclose communications?

    I would say that the "Company will hold in strictest confidence communications with the user..." That corresponds more closely to what would be said in English by a US company.

    I believe I asked this once before but did not get an answer: Was this policy originally written in Spanish or was it translated from another language into Spanish? This is important for you to know as a translator. For example, if the policy was written in Spanish by someone who taking clauses from an English-language policy and then translating them, you would be well-served: (a) to know that and (b) to try to see the original English version.
     
  6. incaprincess

    incaprincess Senior Member

    Guatemala/USA
    USA, English & Spanish
    Hi. The original document was written in Spanish, from Spain. I had to translate it to English. Thanks, as always, for all your contributions.
     
  7. RicardoElAbogado Senior Member

    SF Bay Area, California
    American English
    OK, but I bet that whoever wrote this in Spanish looked at one or more English versions and translated the English into Spanish (with varying degrees of success).
     
  8. k-in-sc

    k-in-sc Senior Member

    "Absolute" bothered me too. Thanks for bringing it up, Ric.
     
  9. Lamemoor Senior Member

    Perú
    Peru - Spanish
    La palabra correcta es. PERJUICIO NO PREJUCIO.

    SIN PERJUICIO DE (ese es el témino legal)
     
  10. k-in-sc

    k-in-sc Senior Member

    "Sin perjuicio de" is often "subject to."
     

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