Syntax question

English translation: explanation

14:49 Apr 30, 2009
German to English translations [PRO]
Law/Patents - Law: Contract(s) / Confidentiality statement
German term or phrase: Syntax question
There is one last sentence that needs to be cracked before I can send off this job: "Er hat unverzüglich nach Kenntniserlangung von der Offenbarungspflicht unter Benennung der jeweils zu offenbarenden vertraulichen Information, des Empfängers und der Rechtsgrundlage der Offenbarungspflicht zu informieren."

The syntax has me puzzled here - how can you inform a legal basis? Unless "Rechstgrundlage" refers back to an earlier part of the sentence and does not collocate with "informieren".

Could this be a typo with "und" inserted in error? I have asked the client and am awaiting an answer. Or am I barking up the wrong tree here?
Andy S
United Kingdom
Local time: 19:36
English translation:explanation
Explanation:
what belongs together is "unter Benennung (a) der jeweils zu offenbarenden vertraulichen Information, (b) des Empfängers und (c) der Rechtsgrundlage der Offenbarungspflicht

i.e. (as an example) immediately after having become aware of the duty of disclosure, he/she/it has to indicate/state/give notice of (a) the item of confidential information to be disclosed , (b) the recipient of information and (c) the legal basis (laws, statutory regulations, etc.) of the duty of disclosure

however, I think that the object is missing in the German version (jmd. informieren): xxx has to notify yyy of (a), (b) and (c)
Selected response from:

lisa23
Germany
Local time: 20:36
Grading comment
Thanks again, Lisa
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1explanation
lisa23
4There is something missing
Elke Fehling
4indicate the information and the legal basis
TechLawDC
3Rechtsgrundlage
Camilla Seifert
3disclose the information
Olav Rixen


Discussion entries: 5





  

Answers


26 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
Rechtsgrundlage


Explanation:
I think "Rechtsgrundlage" refers to the Offenbarungspflicht, i.e. on what legal basis the duty to disclose is founded. This is how I see it. Good luck! Once he has been informed of the duty to disclose, by stating the relevant disclosed information, its recipient and the legal basis of the duty to disclose - he is obliged to notify.... here I lack context. I hope it helps.

Camilla Seifert
South Africa
Local time: 20:36
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 86
Notes to answerer
Asker: Thanks Camilla, a different interpretation to some others. Again, I will be interested to hear from the client.

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28 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
explanation


Explanation:
what belongs together is "unter Benennung (a) der jeweils zu offenbarenden vertraulichen Information, (b) des Empfängers und (c) der Rechtsgrundlage der Offenbarungspflicht

i.e. (as an example) immediately after having become aware of the duty of disclosure, he/she/it has to indicate/state/give notice of (a) the item of confidential information to be disclosed , (b) the recipient of information and (c) the legal basis (laws, statutory regulations, etc.) of the duty of disclosure

however, I think that the object is missing in the German version (jmd. informieren): xxx has to notify yyy of (a), (b) and (c)

lisa23
Germany
Local time: 20:36
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 47
Grading comment
Thanks again, Lisa
Notes to answerer
Asker: Thankyou, Lisa - I await news from the client re: the accuracy of the ST.


Peer comments on this answer (and responses from the answerer)
agree  Ken McKerrow: Seems pretty clear the other party to the NDA is the party to be informed, as you indicate
1 day 1 hr
  -> Thanks Ken
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28 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
There is something missing


Explanation:
"Er hat unverzüglich nach Kenntniserlangung von der Offenbarungspflicht unter Benennung der jeweils zu offenbarenden vertraulichen Information, des Empfängers und der Rechtsgrundlage der Offenbarungspflicht zu informieren."

The sentence doesn't mention who is to be informed. The object is missing. A possible correction could be:

"Er hat IHN unverzüglich nach Kenntniserlangung von der Offenbarungspflicht unter Benennung
-der jeweils zu offenbarenden vertraulichen Information,
- des Empfängers
- und der Rechtsgrundlage der Offenbarungspflicht
zu informieren."

Elke Fehling
Local time: 20:36
Native speaker of: Native in GermanGerman
Notes to answerer
Asker: Thanyou, Elke - interesting hat you believe something is missing. This is a tricky sentence to decode.

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33 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
disclose the information


Explanation:
Horrible sentence. Anyway, this is how I understand the sentence. The person must disclose the information immediately after being notified of his obligation to do so, which information he must disclose, who the recipient of the information is and on what legal ground he/she is obligated to provide the information.

Maybe you can cobble a reasonable sentence together.

Olav Rixen
Canada
Local time: 11:36
Works in field
Native speaker of: Native in GermanGerman
PRO pts in category: 28
Notes to answerer
Asker: Olav, thanks for this.

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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
indicate the information and the legal basis


Explanation:
Immediately after being informed of the obligation to disclose, under circumstances in which the information which is to be disclosed is [sufficiently] specified, he/it is required to indicate the recipient of such information, and the legal basis for the obligation to disclose.
((The recipient of this "indication" is likely a third party who may have the right to intervene to stop the disclosure.))

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Note added at 13 hrs (2009-05-01 04:08:37 GMT)
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(Of course, in the main answer I mean "indicate the recipient and the legal basis".) error corrected

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Note added at 18 hrs (2009-05-01 09:33:23 GMT)
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This is a possible alternative to the proposal of Lisa23, which is the only other one which makes since.
Her proposal would read: Immediately after being informed of the obligation to disclose, he/it is required to identify [to Party X] the information which is to be disclosed, and to indicate the [proposed] recipient of such information and the legal basis for the obligation to disclose.

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Note added at 18 hrs (2009-05-01 09:34:46 GMT)
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since = sense

TechLawDC
United States
Local time: 14:36
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 65
Notes to answerer
Asker: Thankyou

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