| Pages in topic: [1 2] > | request to sign an agreement where I am asked to pay a fee of 5000 EUR if I infringe the GDPR clause Thread poster: Elena Aclasto
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Hello, I have successfully passed the test for becoming a translator for a renowned client in the tourism sector, and I received their documents and an agreement to sign and to send back.
The problem is, they state that, in case I infringe the clause related to the GDPR regulation, they can ask me to pay 5000 Euros plus other 500 for each day I continue to infringe that clause.
Since they deal with tourism and attractions, names, addresses etc are common to be dealt with, so, before ... See more Hello, I have successfully passed the test for becoming a translator for a renowned client in the tourism sector, and I received their documents and an agreement to sign and to send back.
The problem is, they state that, in case I infringe the clause related to the GDPR regulation, they can ask me to pay 5000 Euros plus other 500 for each day I continue to infringe that clause.
Since they deal with tourism and attractions, names, addresses etc are common to be dealt with, so, before signing the documents, I asked for further information and explanations as regarding what precisely they intended for "personal data" (only those "regarding a person"? Or also those referring to locations, addresses, names and so on?).
I had 48 hours to send back the documents, I sent multiple emails to the addresses they provided ("If you have any questions, please do not hesitate to contact us at....") but so far I haven't received any response, so the 48 hours have now expired.
How can I handle this?
Is that request an usual one in an agreement of this kind? Or am I right to ask for further info?
I don't want to sign those documents "blindly", and if they start in this way, not even replying to an email, I wonder how the future collaboration will be?...
Thank you for any advice from you
Elena ▲ Collapse
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I’ve never been in that situation, but if I was I’d consider several «solutions»:
1. Cross out that sentence/paragraph and sign the remaining of the document.
2. Sign, ignore that sentence and hope for the best.
3. Not sign the agreement.
I would never sign a document blindly but I do wonder how they intend to check if you have breached the GDPR regulation?
Anyway, besides that sentence two other things make me apprehensive:
... See more I’ve never been in that situation, but if I was I’d consider several «solutions»:
1. Cross out that sentence/paragraph and sign the remaining of the document.
2. Sign, ignore that sentence and hope for the best.
3. Not sign the agreement.
I would never sign a document blindly but I do wonder how they intend to check if you have breached the GDPR regulation?
Anyway, besides that sentence two other things make me apprehensive:
1. Why on earth should you send back the signed document in 48 hours?
2. Why don’t they answer your e-mails?
So, to sum up, I’ll wait for an explanation… ▲ Collapse
| | | | Elena Aclasto 
Italy
Local time: 11:25
English to Italian
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TOPIC STARTER
THOSE are very good questions, in fact.
I was wondering the same.
Thank you, you have been most helpful to direct my choice.
| | | | Cécile A.-C.
United States
Local time: 05:25
Member (2010)
Portuguese to French
+ ...
| Do not sign the document. | Jun 25, 2021 |
Never heard of such a thing. I wouldn't sign any document that requires paying back anything. You do your job, the best you can, signing it will provide a precedent in our profession. This should be considered unethical and be cut short from the start.
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| They may ... | Jun 25, 2021 |
... set a fine like that in their contract, but if they will be able to enforce it for any serious or not so serious reasons, would have to be negotiated anyway in court and according to the legislation of the respective country.
[Bearbeitet am 2021-06-25 21:27 GMT]
| | | | Jean Lachaud
United States
Local time: 05:25
English to French
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| It all boils down on... | Jun 25, 2021 |
... how desperate you are to work with this outsourcer.
J L
| | | | Mihai Badea (X)
Luxembourg
| No protection against hacking | Jun 25, 2021 |
Formally, if hackers access confidential data on your computer, you might be liable.
You can't really protect an Internet-connected computer aganst hacking.
Generally speaking, discussing the terms of a contract offered by a company is not really an option. As a rule, it's take it, or leave it.
What I would probably consider doing is assuring the client that I have in place all the reasonable standard security measures (firewall, up-to-date virus, regular b... See more Formally, if hackers access confidential data on your computer, you might be liable.
You can't really protect an Internet-connected computer aganst hacking.
Generally speaking, discussing the terms of a contract offered by a company is not really an option. As a rule, it's take it, or leave it.
What I would probably consider doing is assuring the client that I have in place all the reasonable standard security measures (firewall, up-to-date virus, regular back-ups etc.).
When data are of very high confidentiality, some options might be considered:
1. Working on a separate non-Internet computer;
2. Working at the client's premises.
There are, of course, additional costs - and difficulties - that the client should fully - and generously - pay for. ▲ Collapse
| | | | | Professional indemnity insurance | Jun 26, 2021 |
Teresa Borges wrote:
I’ve never been in that situation, but if I was I’d consider several «solutions»:
1. Cross out that sentence/paragraph and sign the remaining of the document.
In most legal systems, signing a contract that you have altered unilaterally and which the other party has not agreed has no effect, either to alter what was on offer, nor is it likely to validate the agreement proposed. What it might do, is to make the other party laugh, decide to withdraw the offer or negotiate. Most likely of all is that you will have to print out another copy and sign it as presented.
Elena, if you have professional indemnity insurance, look at your contract to see if you have some protection there.
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Elena Aclasto
Italy
Local time: 11:25
English to Italian
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TOPIC STARTER
Exactly: since I am not at all desperate, I do think I'll pass this up.
One must work peacefully, not continuously worrying about possible infringments ...
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I’m aware of that but I’ve done it as a sign that I do not accept blindly what is written or the way it is written. Of course, results have been overwhelmingly negative: in over 30 years translating professionally, I have managed to make the agency change the NDA in only one case! Curiously enough, in another case, the agency only noticed what I’ve done a few years later…
| | | | Tony Keily
Local time: 11:25
Italian to English
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| It's not unusual practice in your part of the world... | Jun 28, 2021 |
...which is also my part of the world. For some reason you we often get asked to sign these insane indemnity clauses. Just tell them you don't want that clause in your contract. It normally works for me.
| | | | Elena Aclasto
Italy
Local time: 11:25
English to Italian
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TOPIC STARTER
A week has passed and they haven't even replied to my emails.
Definitely a client NOT to work with.
Pity, they were (are) quite famous, this is bad publicity really...
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| I don't see why this is an issue... | Jun 30, 2021 |
...Unless you were planning to breach the GDPR. They may have stopped answering your emails because they got exasperated.
| | | | Georgi Kovachev
Bulgaria
Local time: 12:25
Member (2010)
English to Bulgarian
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| I would never | Jun 30, 2021 |
agree to pay penalties that exceed the income earned from a particular client or agency.
| | | | Elena Aclasto
Italy
Local time: 11:25
English to Italian
+ ...
TOPIC STARTER
Exasperated?
For TWO emails? Where I simply ask for explanations of that clause?
I don't think so.
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