Source description under art. 18 ust. 2
The Act on the Profession of Sworn Translator requires the issued translation or copy to show its professional register entry number and state whether the work was based on an original, translation or copy. For an earlier translation or copy, it must also state whether it was certified and by whom. [1] This designation links the translation to the material actually presented to the translator. It should reflect the source format, its certifications and what can be established from the copy supplied.
A paper document presented at the office can be inspected together with its reverse, stamps and attached pages. A scan provides an image of the document, while a copy provides a particular reproduction. Correspondence should therefore state what is available, whether presentation of the original is planned and what requirements the recipient has specified. Sending a file for a quotation does not yet establish the basis of the final certification. These details should form part of the agreed arrangements.
Scan for quotation and material for translation
A legible scan establishes the language, length, terminology scope and number of elements requiring work. It should include complete pages, reverse sides, signatures, stamps and certifications. Page order matters for a multipage document. Check that the file has not been limited to a preview or the first page. A quotation may require further questions if material has missing annexes, illegible sections or text in more than one language.
After the quotation, the method of presenting the translation source is agreed. If the recipient expects a translation prepared from the original, arrange for it to be shown or delivered in the appropriate form. Where the assignment concerns a supplied copy, the description refers to that material. If a different version is provided later, identify the change, since additional stamps or new annotations may expand the scope. It is best to retain clear filenames and indicate which copy replaces the earlier one.
Electronic document received from the issuer
If a document was issued as a signed file, provide the file received from the institution and any accompanying elements needed to read it. A screenshot shows a page’s appearance but may omit signature data, attachments or the full text. A printout is also a different form of material. When ordering, describe where the document came from, the format in which it was received and whether it is to be forwarded in that same electronic form.
For a file containing several documents, establish the boundaries of each source and its annexes. A document may have an embedded signature or a separate signature file; in the latter case, the full set needed to link the data is required. Preserve the files as originally received before making further conversions. Order descriptions distinguish an electronic document from a scan of paper. This distinction affects the identification of material, the source description and the way the completed translation is supplied to the recipient.
Paper certification
Art. 18(1) governs use of the sworn translator's seal when certifying translations and copies issued in written form. The seal identifies the translator, their authorised language and list entry number. [1] A paper copy is intended to be submitted in that form. The order specifies the number of copies and collection or delivery arrangements. If the recipient retains documents in its files, consider this before ordering additional certified copies.
A scan of a paper translation received may facilitate initial contact with an institution, but it is an image of the issued copy. Submission requirements are established for the specific procedure. If an electronically certified version is later needed, it must be specified as a separate delivery format and its preparation agreed. Likewise, a printout of a signed file should be described according to its form. When ordering, it is best to state from the outset the channel through which the document is to reach the recipient.
Qualified electronic signature
Art. 18(1a) permits certification of an electronic translation or copy with a qualified signature. For electronic certification of a copy, the provision identifies an original, translation or copy of a document in written form as the basis. [1] An electronic translation must therefore be distinguished from certification of an electronic copy. Each has a defined scope, and the format should match the document and recipient's needs rather than follow solely from the material having been sent by email.
Art. 25(2) of the eIDAS Regulation gives a qualified electronic signature the equivalent legal effect of a handwritten signature. [2] This format requires preservation of the signed file. A graphic mark visible on the page does not replace electronic signature data. The order should establish whether the recipient accepts this format, which formats are supported and how the document is sent. Also check attachment size limits and whether the recipient's system preserves the complete file with its signature.
Preserving and verifying a signed file
An electronic document should be stored and sent without changing its content. Combining pages into a new PDF, converting them to images or printing to a file again may produce material different from the signed document. If a viewing copy is needed, keep it separate from the file intended for submission. Where a detached signature is used, send the corresponding signature component as well, preserving its link to the document.
Official European Commission materials describe validation covering data integrity, the certificate and the qualified status of a signature. [3] In practice, the recipient should receive material enabling such verification. If they report a technical problem, information about which file was checked and in which system is helpful. The content should not be edited after signing to remove a translation error. Any correction requires an appropriately certified version to be issued and identification of which document is to be used subsequently in the matter.
Certified copy and checking an earlier translation
Art. 13 of the Act defines a sworn translator’s activities: preparing and certifying translations, checking and certifying translations made by others, and preparing certified copies of foreign-language documents. [1] The required service must be named in the assignment. Checking an earlier translation requires the source material and translation to be provided within an agreed scope. Merely possessing a text file does not yet establish what is to be checked or on what basis.
Deborah Cao also describes the specialist nature of legal translation. [4] When checking a complete set, not only the main sentences but also fields, names of acts and references to attachments matter. An earlier translation may help compare terminology, but a new document may contain different details or additions. The assignment specifies whether it concerns checking, a new translation or additional copies. This allows the scope of the service to be established correctly and the material issued to be linked to the proper source.
How to agree the format before work begins
Provide the practice with the recipient’s requirements, the available source, the expected number of copies and the deadline. Distinguish material supplied for a quotation from the planned method of presenting the document for translation. If the recipient accepts several formats, choose one suited to the submission method. When sending paper documents, agree their return with the translation; for electronic files, agree how the complete set will be delivered. This avoids later ordering another delivery format.
After receiving the translation, check the document details, page scope and expected format. A paper copy is kept with its assigned source, and a signed file in the version received from the office. If the source document is later supplemented or corrected, the new copy must be supplied and the difference specified. The earlier translation does not automatically cover a new annotation. Organising versions, dates and register numbers helps tell the recipient which set is current and what material was actually certified.
Questions and answers
Is a scan enough for a quotation?
A clear, complete scan usually allows the scope to be established, but questions about missing pages, seals or attachments may be needed. The quotation and determination of the basis for final certification are separate arrangements. State whether the original is available and what the recipient requires. If the copy changes after quotation, inform the office, as new annotations may alter the length and content of the translation.
Should a signed PDF be printed before sending?
If the document will be used electronically, preserve and supply the signed file received, together with any detached signature. A printout is a different form of material and does not convey all signature verification data. If the recipient expects paper, agree the format in advance. Keep a viewing copy separate from the file intended for submission in the particular matter. [2][3]
How is an earlier certified copy described?
Art. 18 ust. 2 requires specification of whether the translation was made from an original, translation or copy. For an earlier translation or copy, whether it was certified and by whom must also be stated. The complete certification must therefore be sent, rather than the text alone. The translation issued also includes the repertory entry, linking the act to the source presented and the correct assignment. [1]
Can a missing page be added to the same PDF after signing?
Changing a file may compromise its integrity. Preserve the version received and supply missing material to the office so the appropriate work can be agreed. If a corrected or supplemented version is issued, specify which document is to be used subsequently. Combining files independently does not automatically preserve certification of the new set. The recipient should receive the signed material in a form that permits verification. [3]