Are translator rates included in NDAs?
Thread poster: himawari_sol
himawari_sol
himawari_sol
Local time: 06:35
Japanese to English
Nov 14, 2022

Hi all,

I would like to hear on everyone's experience regarding this.
I understand that NDAs normally stipulate that a translator cannot disclose any information or share any files related to what they are working on, even after a project is finished and released in some cases. My question is, do these NDAs ever include translation rates - that is, basically something saying that a translator cannot share any information about what rates they received for the project? (Edit to
... See more
Hi all,

I would like to hear on everyone's experience regarding this.
I understand that NDAs normally stipulate that a translator cannot disclose any information or share any files related to what they are working on, even after a project is finished and released in some cases. My question is, do these NDAs ever include translation rates - that is, basically something saying that a translator cannot share any information about what rates they received for the project? (Edit to clarify - so that translators don’t share what rates they are receiving with OTHER translators)

I am wondering if this is something standard that is included in NDAs, or something unheard of, or somewhere in between - sometimes yes, sometimes no.
I would be interested also in hearing from those who work in Japan or with Japanese clients, as that is where I am based.

Thank you!

[Edited at 2022-11-14 11:59 GMT]
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Samuel Murray
Samuel Murray  Identity Verified
Netherlands
Local time: 23:35
Member (2006)
English to Afrikaans
+ ...
Some clients Nov 14, 2022

Some clients combine elements of other agreements with the NDA, so that the NDA is not strictly only about non-disclosure.

Maria Teresa Borges de Almeida
Christine Andersen
 
Maria Teresa Borges de Almeida
Maria Teresa Borges de Almeida  Identity Verified
Portugal
Local time: 22:35
Member (2007)
English to Portuguese
+ ...
@Jessi Nov 14, 2022

Over the years I have seen all kinds of NDAs, some more straightforward, others rather complex including everything but the kitchen sink, but I’m the one who sets my rates before signing any NDA. Anyway, why would you share with another client any information about how much money you were paid for a project?

 
Vladimir Pochinov
Vladimir Pochinov  Identity Verified
Russian Federation
Local time: 23:35
English to Russian
I believe it's about other linguists rather than clients Nov 14, 2022

Maria Teresa Borges de Almeida wrote:

Anyway, why would you share with another client any information about how much money you were paid for a project?


Agencies negotiate rates with each translator individually. Therefore, they're likely to frown upon your sharing the rates with other linguists.


himawari_sol
 
himawari_sol
himawari_sol
Local time: 06:35
Japanese to English
TOPIC STARTER
Thanks for clarifying Nov 14, 2022

Vladimir, yes thank you for clarifying, as that’s what I was talking about - whether it is common for clients to include rate information in an NDA because they don’t want translators they employ to share their rates with other translators.

While I understand that they frown upon this, have you personally seen this in an NDA?


 
Dan Lucas
Dan Lucas  Identity Verified
United Kingdom
Local time: 22:35
Member (2014)
Japanese to English
Yes and no Nov 14, 2022

Jessi Takaike wrote:
My question is, do these NDAs ever include translation rates - that is, basically something saying that a translator cannot share any information about what rates they received for the project?

My NDAs with Japanese clients seem to be pretty all-encompassing: don't talk about any aspect of a project, or about its existence.

I would certainly never talk about my rates for a specific client ("I charge Client D ¥XXXX per character").

On the other hand, I would have no hesitation about discussing rates in general terms that do not enable the listener to identify the parties involved ("I typically charge ¥XXXX per character for financial documents, but I add a surcharge of ¥XXX in cases where the PDF is an image").

Regards,
Dan


Maria Teresa Borges de Almeida
Christine Andersen
 
Vladimir Pochinov
Vladimir Pochinov  Identity Verified
Russian Federation
Local time: 23:35
English to Russian
@Jessi Takaike Nov 14, 2022

Jessi Takaike wrote:

... that’s what I was talking about - whether it is common for clients to include rate information in an NDA because they don’t want translators they employ to share their rates with other translators.

While I understand that they frown upon this, have you personally seen this in an NDA?


Yes, I have at least a couple NDAs that cover information about costs, prices, profits, etc.

I think it's fair that you should not discuss client-specific rates with fellow translators. Otherwise, we may end up with price fixing, a.k.a. cartel agreement


Michael Newton
 
Maria Teresa Borges de Almeida
Maria Teresa Borges de Almeida  Identity Verified
Portugal
Local time: 22:35
Member (2007)
English to Portuguese
+ ...
@Vladimir Nov 14, 2022

There are some translators who are my friends and I have no hesitation whatsoever on talking about rates, be it in general or specifically, with them. That being said, I wouldn’t disclose specific rates to my competitors…

Michael Newton
 
Adieu
Adieu  Identity Verified
Ukrainian to English
+ ...
NDAs are largely unenforceable Nov 15, 2022

Unless you go out of your way to intentionally sell/leak company property or interact with large audiences (TV interviews, tell-all books, large YouTube channels), what's in there is largely irrelevant to you.

Don't share company documents. That's about it.

Some may also include a basic "don't poach clients" clause.


Michael Newton
 
Michael Newton
Michael Newton  Identity Verified
United States
Local time: 17:35
Japanese to English
+ ...
NDAs Nov 17, 2022

None of the NDAs that I have signed have included rates.

 


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Are translator rates included in NDAs?







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