Professional indemnity insurance (BAV) for a translator
As a self-employed translator you supply a text that others put their name to. When a mistake occurs, the discussion turns on your terms, your policy and the question of who is bringing the claim.
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In brief
Your mistakes cost your client money without anything being broken. A clause whose meaning turns around, a date of birth or a name copied differently into a certified deed so that a registration or a procedure grinds to a halt, a safety instruction translated just a little too weakly. That pure financial loss falls outside every public and employers' liability insurance (AVB) and is exactly what this policy exists for.
Sworn work adds a further layer. Registration in the register under the Dutch Sworn Interpreters and Translators Act (Wet beëdigde tolken en vertalers) is a condition for certifying translations for government bodies and the notarial profession. A complaint about certified work can lead to a disciplinary measure as well as a civil claim, and disciplinary consequences are never insured. Only the client's loss is insured.
If you work through agencies, allow for recourse: the customer claims against the agency, the agency recovers from you, often on the basis of terms in which it has passed its own liability down the line. Check whether your policy also covers claims from parties further along the chain. For your own equipment and a hacked mailbox, look at a cyber insurance.
This page deals with one situation. The full overview is on Compare professional indemnity insurance (BAV).
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Professional indemnity insurance (BAV)
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Get coveredWhy arrange it through Finass Verzekert?
We look at the terms as well as the premium, and stay your point of contact when there is a claim.
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We are not tied to one insurer and compare on the basis of an objective analysis of several companies.
One fixed adviser
You call or email someone who knows your file. No menu options, no changing call centres.
Switching without hassle
We cancel your old policy and align the start date, so you are never a day without cover.
Help with claims
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
What to look out for
Four points that determine how large your exposure really is as a self-employed translator.
Your terms must be handed over in advance
Industry terms often limit your liability to the fee for the assignment, but only if they validly apply. Under the Articles 6:233 and 6:234 of the Dutch Civil Code, general terms and conditions can be set aside where the other party was not given a reasonable opportunity to take note of them before or at the time the contract was concluded. A reference on the invoice is too late.
A mistake in a certified translation
With deeds, diplomas and litigation files, a slip of the pen means an urgent application, a new appointment or a missed deadline. Work with a fixed checking protocol for names, dates and figures, and keep the source text as you received it. If you have doubts about the legibility of the original, put those doubts back to the client in writing.
Who can bring a claim against you
Besides your contractual counterparty, a third party who relied on your translation can also bring a claim against you on the basis of Article 6:162 of the Dutch Civil Code. That arises as soon as your text is supplied directly to third parties, as with a prospectus or a set of instructions for use. Ask whether third-party claims fall within the cover.
What is excluded
Not covered are intent and wilful recklessness (Article 7:952 of the Dutch Civil Code), fines and disciplinary measures, retranslating and repaying your fee, liability arising from a a guarantee or penalty clause, and usually also claims about copyright in the source or target text.
What does your premium depend on?
- Annual turnover: the usual basis for self-employed professionals
- Specialisation: medical, legal and financial work weighs more heavily
- Share of sworn work: certified documents carry heavier consequences
- Direct clients or agencies: determines who claims against you and which terms apply
- Area of cover: clients outside Europe are assessed separately
- Sum insured and retroactive period: per claim, per year and from which retroactive date
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| A safety instruction translated too weakly leads to injury to a user of the device | No | Provided that |
| Your client misses an appeal deadline because you copied a date incorrectly | No | Yes |
| The agency you worked for recovers from you what it paid its own customer | No | Provided that |
| You spill tea over the original file the notary gave you | Yes | No |
| Your laptop with client files is stolen on the train | No | No |
| You are ill for three weeks and the client passes on the cost of a more expensive urgent translation | No | No |
For injury arising from a translation error, what matters is whether your policy schedule expressly mentions injury to persons.
Frequently asked questions
This is what people ask us most.
Do my general terms and conditions really limit my liability?
Only if they have been properly declared applicable and handed over in good time. If that did not happen, the other party can set the limitation clause aside and ordinary liability in law applies. So send your terms with the quotation and keep the message in which you did so; insurers ask about this when a claim arises.
I work for foreign translation agencies. Is that covered?
Within Europe usually yes, outside Europe usually not without an additional agreement. Watch the choice of law in the contract as well: a claim assessed under United States law falls outside standard cover almost without exception. Report these clients when you apply, because undisclosed circumstances can affect payment under Articles 7:928 and 7:930 of the Dutch Civil Code.
Is a disciplinary complaint about my sworn work insured?
No. Disciplinary proceedings are about your registration and not about compensation, and measures such as a reprimand or removal from the register are not an insured loss. The costs of legal assistance in such proceedings do not fall under this policy either. For that, look at a legal expenses insurance for self-employed professionals. The civil claim that sometimes runs alongside it is covered.
For how long can I still be held liable for an old translation?
Under Article 3:310 of the Dutch Civil Code, a claim for damages becomes time-barred only five years after the injured party becomes aware of the loss and of the person liable, subject to an absolute limit of twenty years. Because your policy works from the moment of notification, continuous or run-off cover therefore matters more than when you made the mistake.
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