In the translation sector the greater part of the work is carried out with freelance specialists; this is not an exception but the way of working. What needs to be regulated in the contract is not the concealment of this fact but how the chain of liability and confidentiality is set up.
A common way of working
A significant share of the work is carried out with freelancers. This is the structure of the sector. The fact is explained openly.
Why this structure is used
The variety of fields and languages requires a wide pool of specialists. It cannot be met by a single in-house staff. The structure is a necessity.
Where liability lies
Liability towards the client lies with the service provider. The subcontractor does not deal with the client. There is a single chain.
The contact person does not change
The client speaks to a single party. Internal arrangements are not reflected outwards. The structure becomes simpler.
Passing on the confidentiality obligation
A written confidentiality undertaking is put in place with subcontractors. No work is given without an undertaking. The condition is absolute.
Scope of the undertaking
The obligations passed on to the subcontractor cannot be lighter than those in the main contract. The chain does not weaken. The principle is kept.
Data processing chain
For jobs that contain personal data the transfer is regulated separately. The conditions are written down. The step is not skipped.
Subcontractors abroad
Specialists working abroad raise the question of data transfer. The situation is assessed. The client is informed.
The requirement of client approval
Some contracts make the use of subcontractors subject to approval. The condition is written down. Practice follows it.
Duty to inform
Even where approval is not required, transparency is preserved. A concealed structure later costs trust. Openness is preferred.
Selection and evaluation
Subcontractors are selected against criteria, and their performance is monitored. A record is kept. Quality is audited.
Verifying competence
What counts is not a declaration but a measured record of work. A test translation is done. Measurement decides.
Preference for continuity
Having the same specialists work for the same client preserves consistency. The pool is kept stable. Accumulated experience is valued.
Key person dependency
A language direction that depends on one person is risky. A backup is prepared. Continuity is secured.
Sharing the terminology base
Subcontractors use the shared term list. Separate lists produce inconsistency. The structure is centralised.
Tools and access arrangements
Access to documents is provided through controlled environments. Scattered sharing produces risk. The channel is defined.
Closing access after the job
When the job is finished, access is removed. Access left open is a breach risk. The check is made regularly.
Payment and the working relationship
Paying subcontractors on time directly affects the quality of the pool. Good specialists work with a reliable party. Order is maintained.
The strength of the chain
In this structure every commitment given to the client is in fact only as strong as the weakest link in the chain; when the promises on confidentiality, quality and turnaround are not passed on to the subcontractor with the same rigour, the main contract remains on paper. The passing on is done in full. Auditing continues.
Limits of legal information
What is described here is for information purposes and does not replace a legal opinion. The text is passed through the legal department before it is signed. The limit is stated.