augmentée des prescriptions légales

English translation: in addition to the periods set out in law

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:augmentée des prescriptions légales
English translation:in addition to the periods set out in law
Entered by: Lara Barnett

20:58 Aug 30, 2022
French to English translations [PRO]
Law/Patents - General / Conversation / Greetings / Letters / Terms for volunteer placement abroad
French term or phrase: augmentée des prescriptions légales
This is the final paragraph covering only Data Processing requirements of the volunteers information during his placement abroad. I can see this is regarding legal requirements, but I do not understand the use of "augmentée" here

Elles sont conservées pendant la durée de votre Volontariat, augmentée des prescriptions légales et le cas échéant des durées permettant à Business France d'assurer le respect des obligations légales ou réglementaires auxquelles [xxxxxx] est tenu en particulier.....
Lara Barnett
United Kingdom
Local time: 15:51
in addition to the periods set out in law
Explanation:
French law is very specific about how long certain types of documents (insurance-related, legal, etc.) should be kept.
The same, it seems, applies in the area of personal data protection.

So, Jean-Marc comes back on 1 January 2022. His documents need to be kept on file for five years, says the law. So his personal data will/can/must be deleted on 1 January 2027.

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Note added at 22 mins (2022-08-30 21:20:54 GMT)
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Maybe

plus the periods set out in law

is more idiomatic.

But you get the idea, anyway. The bit with "le cas échéant" should be straightforward.

--------------------------------------------------
Note added at 25 mins (2022-08-30 21:23:59 GMT)
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See also https://www.businessfrance.fr/data-protection-charter

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Note added at 1 hr (2022-08-30 22:06:19 GMT)
--------------------------------------------------

You're welcome Lara!

I got into the habit of answering far too many questions during the lockdowns...I hope to kick the habit soon.
Selected response from:

Conor McAuley
France
Local time: 16:51
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +3in addition to the statutory requirements
AllegroTrans
4 +1in addition to the periods set out in law
Conor McAuley
3extended by the statutory retention periods
Mpoma
Summary of reference entries provided
Prescriptions
ph-b (X)

Discussion entries: 8





  

Answers


20 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
in addition to the periods set out in law


Explanation:
French law is very specific about how long certain types of documents (insurance-related, legal, etc.) should be kept.
The same, it seems, applies in the area of personal data protection.

So, Jean-Marc comes back on 1 January 2022. His documents need to be kept on file for five years, says the law. So his personal data will/can/must be deleted on 1 January 2027.

--------------------------------------------------
Note added at 22 mins (2022-08-30 21:20:54 GMT)
--------------------------------------------------

Maybe

plus the periods set out in law

is more idiomatic.

But you get the idea, anyway. The bit with "le cas échéant" should be straightforward.

--------------------------------------------------
Note added at 25 mins (2022-08-30 21:23:59 GMT)
--------------------------------------------------

See also https://www.businessfrance.fr/data-protection-charter

--------------------------------------------------
Note added at 1 hr (2022-08-30 22:06:19 GMT)
--------------------------------------------------

You're welcome Lara!

I got into the habit of answering far too many questions during the lockdowns...I hope to kick the habit soon.

Conor McAuley
France
Local time: 16:51
Meets criteria
Native speaker of: English
PRO pts in category: 47
Notes to answerer
Asker: Thank you.


Peer comments on this answer (and responses from the answerer)
agree  ph-b (X): "extended as set out in law" ? Would that work?
18 hrs
  -> Thanks ph-b! Yeah, possibly.
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1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +3
in addition to the statutory requirements


Explanation:
CY: Conformément à une prescription légale appliquée de façon non discriminatoire, les banques qui proposent des services
[...]
eur-lex.europa.eu

CY: It is a statutory requirement and it is applied on a non-discriminatory manner that banks offering services in the Republic
[...]
eur-lex.europa.eu

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Note added at 1 hr (2022-08-30 22:24:15 GMT)
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"légal" = "statutory". "prescribed by law"
FHS Bridge


AllegroTrans
United Kingdom
Local time: 15:51
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 115

Peer comments on this answer (and responses from the answerer)
agree  Yvonne Gallagher: absolutely
12 hrs
  -> thanks!

agree  Myriam Seers
16 hrs
  -> thanks

neutral  Mpoma: If you look at the context, I think these are clearly time periods, i.e. something similar to "limitation periods" (but in fact "retention periods")
16 hrs
  -> OK but it is still statutory requirements regarding time periods AND "durée" follows in the source text, making that clear

neutral  Conor McAuley: (Edit) Closer to the text, you could go this way, but clouds the issue. / I really like "statutory requirements", but it doesn't fit in at all neatly here. / I can't see it – post a note explaining how it fits in? I promise to agree if you can!
17 hrs
  -> OK but it is still statutory requirements regarding time periods AND "durée" follows in the source text, making that clear

agree  ph-b (X): with the meaning, but think that Conor's answer is closer to the source text.
23 hrs
  -> yes, I think now that the notion of "time" has to be woven into the term, but it clearly is about retention periods rather than time-barring/statutes of limitation
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18 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
extended by the statutory retention periods


Explanation:
Yes, Conor has the right idea here. And the context unambiguously tells us that prescription here does not have the meaning "requirement" but something similiar to its other legal meaning, "limitation period".

As Conor says, all this GDPR stuff, and things in French domestic law, lay down strict requirements about keeping documents before destroying them.

So augmenter is used in a temporal sense. They talk of a first durée (de votre Volontariat), and this gets extended.

However, "limitation period" wouldn't be quite right here: a limitation period is specific, namely a time allowed during which some legal action must be taken. This is a slightly different meaning.

Mpoma
United Kingdom
Local time: 15:51
Meets criteria
Native speaker of: English
PRO pts in category: 20

Peer comments on this answer (and responses from the answerer)
neutral  Emmanuella: prescription = ce qui est prescrit par la loi
25 mins
  -> No, you've got this wrong. It also means time-limit. You need to look this up in an appropriate dictionary.

agree  AllegroTrans
1 hr
  -> Thanks

disagree  ph-b (X): Misreading the text, leading to overtranslation.
6 hrs
  -> Haha.
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Reference comments


1 day 7 mins
Reference: Prescriptions

Reference information:
Please note that this is not meant to be a reference. Mpoma had written “In fact the term here, prescription, is legal shorthand for durée de conservation des données, "data retention period" in the discussion box. I think that this is wrong but there is not enough room there to fully explain why.


I wish Mpoma had shown some evidence supporting this statement, but he didn’t.

I checked the GDPR and found this:
1) durée de conservation is translated as “storage period”;
2) prescription is used only once and is translated as “requirement”. I’ll come back to that.

So what does it say about Mpoma's statement?

Just because a word is used in a legal text (Lara’s) doesn’t necessary mean that only the legal meaning of that word must be considered when translating it.

Regarding prescription, checking TLFi this time,

A. DR…
B. 1. Commandement, précepte, règle à suivre.
2. Ordre formel, catégorique.
I’ll come back to those.

In his comment to AllegroTrans’s answer, Mpoma wrote “I think these are clearly time periods, i.e. something similar to "limitation periods" (but in fact "retention periods")”

“Clearly”?

I can’t see that the text explicitly mentions anywhere délai de prescription, which is what I think he must have meant, a phrase one would expect in this context if he were right. Apart from this inaccuracy in terminology, my issue here is that legally, délais de prescription apply, not to the period of time during which documents must be retained (Mpoma’s argument), but to the time beyond which parties may no longer bring an action (délai de prescription d’une action or “time limitation” in English if I’m not mistaken).
Cf. Le lien entre durée légale de conservation et prescription (https://bpifrance-creation.fr/encyclopedie/gerer-piloter-len...

Besides, from a grammatical point of view, I note that prescriptions is in the plural in the text. This, to me, indicates “clearly” that this is about rules. If Mpoma were right, we’d have délais de prescription.

In fact, I read prescriptions as règles à suivre , i.e. what the law (here) says (see TLFi above), “provisions”, so not far from what Emmanuella suggested in her comment to Mpoma’s answer and which he dismissed de manière un peu cavalière if I may say so.

All this makes me think that Conor’s answer is right, or at least as close as possible to what the text says : augmentée des prescriptions légales > extended as set out in law.

On the other hand, Mpoma, I’m afraid, is overtranslating here: there is nothing explicit about any retention period in Lara's sentence (which is not to say, of course, that this is not what the text is about). I can't help feeling Mpoma is wrong, but I won't write it. This would be rude.


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Note added at 1 day 8 mins (2022-08-31 21:06:51 GMT)
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Oops - these tags!

ph-b (X)
France
Does not meet criteria
Native speaker of: French
PRO pts in category: 8
Note to reference poster
Asker: Thank you for your help - (what is a sandbox for?)

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