Difference between 'in force' and 'effective ('in Kraft' and 'wirksam')
Thread poster: Nick Brisland, BA (Hons), AITI

Nick Brisland, BA (Hons), AITI
United Kingdom
Local time: 07:08
Member (2013)
German to English
Feb 8

I'm currently translating a data protection regulation from German into English and I have come across these two sentences:

Die Datenschutzgrundverordnung ist seit dem 25. Mai 2016 in Kraft.
Wirksam wird sie ab dem 25. Mai 2018.

I'm wondering what the exact difference between 'in Kraft' and 'wirksam' is. At the moment, I've translated them as:

The data protection regulation has been in force since 25 May 2016 and comes into effect 25 May 2018.

but i'm just wondering how something can be 'in force' but not 'effective'. What's the difference between the two?

I look forward to reading your thoughts!


 

Mervyn Henderson  Identity Verified
Spain
Local time: 08:08
Member
Spanish to English
+ ...
Transition period Feb 8

To quote the blurb:

The GDPR was approved and adopted by the EU Parliament in April 2016. The regulation will take effect after a two-year transition period and, unlike a Directive it does not require any enabling legislation to be passed by government; meaning it will be in force May 2018.


Which means the EU has to flaff around for a while with something that's technically "in force", set up pre-transition, transition and post-transition committees, and eventually put the whole shebang "into effect".


 

RobinB  Identity Verified
United States
Local time: 01:08
German to English
Two different dates Feb 8

Nick,

It means that it was promulgated on 25 May 2016 after passing through the parliamentary legislative stages, but it's not actually effective until the later date. So it's law, but doesn't have to be applied until 2018, thereby giving companies and organizations time to get ready for the new requirements (I presume this refers to the German implementation of the GDPR).

This sort of thing happens all the time. For example, the Council endorses a new or amended IFRS into EU law under the IAS Regulation, but it's only applicable for financial years starting in two or three years' time.

Robin


 

Teresa Borges
Portugal
Local time: 07:08
Member (2007)
English to Portuguese
+ ...
I wonder if this is useful? Feb 8

http://eur-lex.europa.eu/summary/de-EN/TXT/LEGISSUM:310401_2?celex=CELEX:32016R0679&from=de

 

Nikki Scott-Despaigne  Identity Verified
Local time: 08:08
French to English
KudoZ? Feb 8

This might be better in an DE>EN and/or an EN>EN KudoZ post as this is a point about meaning of a term.

However, to go some way towards answering your question, I suspect you may be looking for something along the lines of the terms "to promulgate" or "to enact" on the one hand, and then "to come into force" or "to come into effect" on the other.
The first terms are about the law having been voted in by parliament and the second terms are about it actually being up and running.

Try comparing entries in a good DE>DE legal dictionary with entries in a good EN>EN legal dictionary and their definitions should indicate if this is the point the DE text is trying to make.

Note that different legal systems have different ways of getting new legislation up and running. In some instances, the new law is approved and voted in, but it will only come into effect, for example, when a decree has been passed ordering the new law to come into effect. Another situation might be one where the piece of legislation itself is enacted, but that it introduces such major changes, that its provisions actually state that the terms of the text will actually come into effect a couple of years later.


 

Nick Brisland, BA (Hons), AITI
United Kingdom
Local time: 07:08
Member (2013)
German to English
TOPIC STARTER
... Feb 9

Nikki Scott-Despaigne wrote:

This might be better in an DE>EN and/or an EN>EN KudoZ post as this is a point about meaning of a term.

However, to go some way towards answering your question, I suspect you may be looking for something along the lines of the terms "to promulgate" or "to enact" on the one hand, and then "to come into force" or "to come into effect" on the other.
The first terms are about the law having been voted in by parliament and the second terms are about it actually being up and running.

Try comparing entries in a good DE>DE legal dictionary with entries in a good EN>EN legal dictionary and their definitions should indicate if this is the point the DE text is trying to make.

Note that different legal systems have different ways of getting new legislation up and running. In some instances, the new law is approved and voted in, but it will only come into effect, for example, when a decree has been passed ordering the new law to come into effect. Another situation might be one where the piece of legislation itself is enacted, but that it introduces such major changes, that its provisions actually state that the terms of the text will actually come into effect a couple of years later.

I thought about creating a kudoz entry but I'm more looking at the difference in meaning between the two terms, as opposed to a translation. But you've all hit the nail on the head: the dates refer to when the law was promulgated and when it actually becomes applicable. Thanks everyone!


 

Nikki Scott-Despaigne  Identity Verified
Local time: 08:08
French to English
Yeah, amost certainly KudoZ Feb 9

Nick, if we've been helpful, then that's good.

The advantage of a KudoZ post would have been to clarify what the source text meant. Legal terminology is linked to the processes of the system concerned. The most helpful comments are likely to come from those with an understanding of the German system and seeing the terms in an extract of the original context. That familiarity and knowledge might even point to a potential misuse of one of the terms in the source text. That happens of course. In more than 20 years of translation, I've seen these terms misused in source texts. A KudoZ post with one term, with context and then a comment on what term(s) you are considering, and why, would be likely to generate a targetted discussion. Last, but not least, in the KudoZ section, others needing help with the same term(s) are likely to find the post, which is not the case here.icon_wink.gif

I'm more looking at the difference in meaning between the two terms, as opposed to a translation.


I often find that is precisely what translation is all about. The first difficulty is understanding the intended ST meaning in context. The next problem is identifying appropriate term(s) for the TT. That involves considering a number of potential candidate terms. In fact, I reckon that is what KudoZ is all about. It is the fun bit of translating and often involves consulting original language sources for the ST and the TT, comparing definitions with reference to ST context and specialist knowledge and finally deciding which of the TT candidates is appropriate. Sometimes no one single term will do the trick. Yup, to me that's KudoZ.

[Edited at 2018-02-09 22:42 GMT]


 


To report site rules violations or get help, contact a site moderator:


You can also contact site staff by submitting a support request »

Difference between 'in force' and 'effective ('in Kraft' and 'wirksam')

Advanced search







Wordfast Pro
Translation Memory Software for Any Platform

Exclusive discount for ProZ.com users! Save over 13% when purchasing Wordfast Pro through ProZ.com. Wordfast is the world's #1 provider of platform-independent Translation Memory software. Consistently ranked the most user-friendly and highest value

More info »
Déjà Vu X3
Try it, Love it

Find out why Déjà Vu is today the most flexible, customizable and user-friendly tool on the market. See the brand new features in action: *Completely redesigned user interface *Live Preview *Inline spell checking *Inline

More info »



Forums
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search