(defend against) legal or contractual actions

English translation: contesting contractual or non-contractual claims

09:04 Mar 4, 2021
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s) / Data Privacy Policy
English term or phrase: (defend against) legal or contractual actions
6. For how long do we keep your Personal Data?

6.1 Any person handling Personal Data for Asmodee Group will keep it only for as long as it is necessary for the purpose for which it has been collected and processed (and other compatible purposes) which may include:

to meet or support a business activity; or
to comply with a legal or regulatory requirement and comply with applicable statute of limitation requirements;
to defend against legal or contractual actions (in which case, the Personal Data may be retained until the end of the corresponding statute of limitation or in accordance with any applicable litigation hold policies).

6.2 Personal Data is retained and destroyed in a manner consistent with applicable law and in accordance with Asmodee Group applicable retention policy.
---

What are 'legal or contractual actions' here?

1) Is 'legal action' a legal claim or a petition/lawsuit filed with a court or threatened to be filed?
2) And is 'contractural action' to be understood in the same way?
3) Is it possible to interpret 'legal/contractual action' as an activity/act performed under the law (legal provisions) or under the contract (contractual provisions)?
4) What may 'defend' mean here? (to defend against legal or contractual actions)

I'm sorry to split hairs here. Thanks for help
mike23
Poland
Local time: 13:16
Selected answer:contesting contractual or non-contractual claims
Explanation:
I would say that "legal or contractual action" relates to contractual or non-contractual actions, i.e. claims based on a contractual provision or those that are based on a legal provision not contained in a contract (e.g. a statute, regulation). As for the term "defend", I understand it as and action whereby one contests the other party's claims.
Selected response from:

satrans
Slovenia
Local time: 13:16
Grading comment
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
5 +6contesting contractual or non-contractual claims
satrans
4 -3to be able [in the future] to fend off any claims based on laws or the contract
Daryo


Discussion entries: 5





  

Answers


13 mins   confidence: Answerer confidence 5/5 peer agreement (net): +6
contesting contractual or non-contractual claims


Explanation:
I would say that "legal or contractual action" relates to contractual or non-contractual actions, i.e. claims based on a contractual provision or those that are based on a legal provision not contained in a contract (e.g. a statute, regulation). As for the term "defend", I understand it as and action whereby one contests the other party's claims.

satrans
Slovenia
Local time: 13:16
Specializes in field
Native speaker of: Native in SlovenianSlovenian
PRO pts in category: 8
Notes to answerer
Asker: Many thanks!


Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: This explains it and allows for (especially) claims in tort
1 hr

neutral  Daryo: can't see why "to defend (ourselves) from" would be wrong
2 hrs

agree  Yvonne Gallagher: yes, quite simply
3 hrs

agree  philgoddard: "Legal or contractual" doesn't make sense, but that's what they're trying to say.
3 hrs

agree  Tina Vonhof (X)
6 hrs

agree  Emiliano Pantoja
14 hrs

agree  Liane Lazoski
1 day 12 hrs
Login to enter a peer comment (or grade)

21 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -3
to be able [in the future] to fend off any claims based on laws or the contract


Explanation:
the point is not about "not agreeing" with some potential future claims that could be made against you ("contesting them") but in being in the position to win.

In courts, you are right only if you can prove that you are right - it's about preserving proofs that could be needed later.

otherwise, it's rather self-explanatory:

to defend against legal or contractual actions (in which case, the Personal Data may be retained until the end of the corresponding statute of limitation or in accordance with any applicable litigation hold policies).
=
we will keep data about you as long there is a possibility that we might need that data to defend ourselves from possible future claims you could make against us - be it a claim based on law or on the contract between us.

"until the end of the corresponding statute of limitation " => once past the "statute of limitation" you can't no longer do anything against us, so we won't need that data any longer, we can then delete it.

--------------------------------------------------
Note added at 22 hrs (2021-03-05 07:14:05 GMT)
--------------------------------------------------

as for "legal/contractual action" it makes perfect sense:

"action" is shorthand for any "action" taken in the legal system i.e. any claims for compensations, litigation in courts, arbitration, etc...

"legal action" = any claims based on laws - for breaching the law (that always applies, whatever is in the contract)

"contractual action" = any claims based on the content of the contract - for breaching the specific contract.


Daryo
United Kingdom
Local time: 12:16
Specializes in field
Native speaker of: Native in SerbianSerbian, Native in FrenchFrench
PRO pts in category: 16
Notes to answerer
Asker: Thanks for valuable input!


Peer comments on this answer (and responses from the answerer)
disagree  philgoddard: This is simply not native English, especially "fend off".
13 hrs
  -> Would "scratched needle" sound "native" enough to you / ring any bell to you?

disagree  AllegroTrans: "fend off" is not a legal term and "based on laws" is not correct English
14 hrs
  -> "based on laws" About 2,260,000 results, can't be all in a different context? = makes for an awful lot of people unaware of the "correct" English//you don't need to use ONLY legal terms to explain the logic behind a legal text (makes sense to you?)

disagree  Yvonne Gallagher: With previous comment. "fend off" sounds like you're in a physical fight.
1 day 5 hrs
  -> What do you think happens in a legal dispute or in a courtroom? A nice, polite, pleasant and considerate exchange of views? Like some kind of small talk about the weather? Looks more like a kind of fight, if you have ever been anywhere near one ...
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.


See also:
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search