02 Dec 2024, 14:46
BLOG : The Universe of Translations

Pitfalls of AI translation in the legal field

Artificial intelligence (AI)--assisted translation has revolutionised many industries, including the legal field, due to its speed, accessibility, and low cost. However, the use of machine translation in legal contexts poses significant risks, which can have serious consequences for contracts, legal processes, and regulatory compliance.

Main pitfalls of AI translation in the legal field

            1.         Accuracy errors and loss of contextual meaning

  • Challenge: AI translation systems, such as Google Translate or DeepL, tend to translate texts literally without understanding the subtleties of legal terminology or the context of documents.
  • Risk: Misinterpretation can lead to invalid contract clauses, legal non-compliance or legal conflicts.
  • Example: A specific legal phrase, such as "force majeure," mistranslated, may not reflect the applicable legal framework in the target jurisdiction.

            2.         Lack of precision in specialized legal language

  • Challenge: Legal language is highly technical and often ambiguous, requiring precise interpretation and a thorough understanding of local law. AI may fail to detect multiple meanings of a legal term.
  • Risk: Mistranslation of specific terms may affect the validity of documents or understanding of legal obligations.
  • Example: the term 'consideration' in Anglo-Saxon law has a specific legal meaning which may be lost in translation.

            3.         Failure to adapt to local regulations and cultural differences

  • Challenge: IA cannot always adapt legal content to local regulations' specificities or cultural differences influencing legal language.
  • Risk: Translated documents may not comply with the legal requirements of the jurisdiction in which they are to be used.
  • Example: Translating a law applicable in the European Union without complying with GDPR directives may lead to penalties.

            4.         Data Privacy

  • Challenge: Many AI translation platforms process and store data in the cloud, which can compromise the confidentiality of sensitive information.
  • Risk: Using AI to translate legal documents can expose private or confidential information to security breaches.
  • Example: Translating an M&A contract through an insecure platform can lead to leaks of sensitive information.

            5.         Lack of legal accountability

  • Challenge: Unlike human translators, AI systems cannot be held liable for errors or omissions.
  • Risk: Any translation errors will be the responsibility of the end user, not the AI technology provider.

            6.         Loss of nuance in interpretation

  • Challenge: AI cannot always understand the tone, purpose or intent of a legal document.
  • Risk: Lack of nuance can lead to misinterpretation of contractual obligations or other legal documents.
  • Example: Translating a will that omits the subtleties of the original wording can create conflicts between beneficiaries.

How can these risks be mitigated?

            1.         Collaboration between AI and human translators

  • Use AI for preliminary translations, but make sure the documents are reviewed by a translator who specializes in the legal field.

            2.         Choosing secure and compliant platforms

  • Opt for AI translation solutions that comply with GDPR and offer data encryption for privacy protection.

            3.         Invest in specialized translators

  • Hire certified translators who understand local legal terminology and regulations.

            4.         Quality assurance process

  • Implement rigorous verification and review processes for translations, especially sensitive legal documents.

            5.         Client Education

  • Explain the limitations of AI in legal translations and the importance of involving a human expert to avoid legal risks.

Conclusion:

Although AI can speed up translation processes, the risks associated with its use in the legal domain are considerable. A hybrid approach that combines AI efficiency with the expertise of human translators is essential to ensure the accuracy, confidentiality and compliance of legal documents.