Translating for Compliance with GDPR and other regulations

Translating for Compliance with GDPR and Other Regulations

For Legal, Healthcare, Education, Construction, and Tech Professionals in the EU

As business becomes increasingly global, so do compliance responsibilities. For companies operating in sectors like law, healthcare, education, construction, and technology especially those with ties to the EU, translation is not just a means of communication. It is a critical factor in meeting regulatory requirements, particularly under the General Data Protection Regulation (GDPR).

Many organisations are familiar with GDPR as it applies to internal policies, client databases, or cookie banners. What is less often considered is that compliance can be compromised during the translation process itself. Documents sent for translation may contain personal or sensitive data. How that data is handled by language service providers and freelance translators directly affects your compliance status.

The Overlooked Risk: Personal Data in Translation Projects

Under Article 12 of the GDPR, all communication with data subjects must be presented in clear and understandable language. This includes documents like consent forms, contracts, privacy notices, and employee communication. When these documents are translated for audiences in Norway, France, Germany, or any other EU country, the obligation does not go away. In fact, it intensifies.

According to the European Union of Associations of Translation Companies (EUATC), one of the key challenges is that personal data often arrives embedded within large volumes of content for translation, sometimes without the knowledge of either the client or the translator. Because translation is often managed by global supply chains including subcontractors and translators in non-EEA countries, any lapse in how personal data is handled could lead to violations.

What Counts as Personal Data in Translation?

The GDPR defines personal data as any information related to an identifiable individual, including names, identification numbers, or health information. In a translation context, this could appear in:

• Medical records or discharge instructions
• Legal case files or court decisions
• Employee handbooks and HR documentation
• Student records or exam papers
• Safety protocols and incident reports on construction sites
• User data embedded in technical manuals or software documentation

In one case shared in The Joint Commission Journal on Quality and Patient Safety, translation errors contributed to medical miscommunications that resulted in severe patient outcomes. While not every error results in a fine, the reputational and legal risks are substantial.

Why GDPR Applies to the Entire Translation Chain

Within a typical translation process, three key actors exist:

• The client who provides the document (usually the controller of the data)
• The language service provider (LSP) who manages the translation (a processor)
• The freelancer or subcontractor (a sub-processor)

The GDPR mandates that each party must play its role in protecting personal data. For example, a hospital that outsources translation of patient instructions to an LSP must have a Data Processing Agreement (DPA) in place. This agreement should specify what kind of data is being processed, how it is handled, and what happens to the data after the task is completed.

A Global Business with Local Consequences

Translation is inherently international, but data laws are territorial. The GDPR applies to any organisation processing the data of EU residents, regardless of where the company is based. This means a construction firm in Dubai translating safety materials for a site in Germany must still comply.

Failure to do so could result in penalties. For instance, in 2022, the French data protection authority CNIL took action against a company for failing to localise their privacy notice. While the content existed, it was not in the language of the user, and this was found to be a breach of the transparency principle.

Risk Management Strategies for Translation Projects

The EUATC recommends a risk-based approach for any content involving translation. This includes:

• Profiling content types to flag sensitive vs non-sensitive data
• Using pre-processing tools to pseudonymise personal information before translation
• Documenting all risk assessments and establishing internal audit trails
• Agreeing on retention periods for translated documents and translation memories
• Avoiding reuse of data without proper checks, especially in translation memory systems

For example, if your organisation is translating patient data, you may want to delete all translated files within 30 days after delivery and avoid storing them in cloud-based translation platforms unless explicitly agreed upon in a contract.

Recommendations for Compliance

Know What You’re Sending

Make sure your internal teams understand that content sent for translation can carry personal data. Educate project managers on how to identify data before outsourcing.

Formalise the Chain of Responsibility

Put Data Processing Agreements in place for all vendors. If you’re working with sub-processors, verify that they also meet GDPR standards.

Define Retention Policies

Set specific data retention periods for each project. Do not allow translation vendors to retain files indefinitely.

Localise, Don’t Just Translate

Make sure that translated content respects local language norms and legal terminology. Machine translations or shortcuts can result in inaccurate interpretations of rights and obligations.

Keep Records

Processors are required to keep documentation of what was translated, who handled it, where it was stored, and how it was deleted. Salita maintains these records as part of our standard GDPR practice.

Translation may not be the first thing that comes to mind when discussing GDPR, but it should be. Every data-driven document sent across borders is part of your regulatory footprint. By translating with compliance in mind, organisations not only reduce legal risk but also build trust and transparency across markets.

In multilingual business environments, words matter—but so does how they are handled behind the scenes.

If your team works with content that may involve personal or regulated data and you need expert support in navigating compliance through language, we’re here to help.

Get in touch with Salita to discuss your translation needs with a team experienced in GDPR-aware workflows and cross-border documentation.