Certified translations for official purposes are prepared in Germany by sworn translators. The completeness and accuracy of the translation is confirmed in accordance with Section 142(3) of the German Code of Civil Procedure (ZPO). In practice, the translator also notes whether the translation was prepared on the basis of the original document or a certified or simple copy thereof. This procedure is described, for example, in the guidelines of the Federal Association of Interpreters and Translators (BDÜ).
The latest legislation however, says otherwise: The Hessian Translators and Interpreters Act, which has been in force since 2023, only states in general terms that sworn translators are entitled to certify the accuracy and completeness of the translation of official documents. There is no reference whatsoever to the original/copy issue. The State Law on Interpreters and Translators in Judicial Matters in Rhineland-Palatinate merely states: “If the translated document is not an original or if only part of the document has been translated, this must be stated in the certification note".
Authenticity Check
The translator can only make a prima facie assessment of whether the document submitted is in fact an original. The translator does not certify the authenticity of a document, but rather the conformity of the translation with the source text submitted. The question arises as to how the "submission of the original" can be taken into account. Most courts and authorities in Germany expect the translation to be certified on the basis of the original!
Ultimately, only the person who submits the document can confirm that it is an original. For this reason, when you place a translation order with Galamaga Translations, you can now make a declaration that the document you are submitting is indeed an original. This means that the original document does not necessarily have to be submitted in its physical form. Many documents are now only available in electronic form or as documents with a qualified signature. These documents are also considered "originals".
Digital Solution
If you have a document in paper form, it is sufficient if you confirm that the document is an original, present the document by video or scan and confirm that it is genuine. After all I can only judge whether the document is an original by its appearance. I can obtain this certainty through your explicit declaration of authenticity and the presentation of the document in an electronic form. By the way, online procedures are now also possible in the notarial sector in Germany: In many notarial offices you can identify yourself online and participate in notarisations digitally.
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All content on legal topics provided on this website is for informational purposes only and should not be construed as legal advice. All information is provided to the best of my knowledge and belief. However, no liability can be assumed for any information.