desarrollo y ejecución de [un contrato]

English translation: implementation and performance

01:25 Feb 23, 2024
Spanish to English translations [PRO]
Law/Patents - Law (general) / Cookie policy
Spanish term or phrase: desarrollo y ejecución de [un contrato]
Hi all,

I'm translating a cookie policy for a website from Spanish (ES) to English (UK) and am having trouble with the phrase above. Please see below for context:

¿Para qué tratamos sus datos personales y sobre qué base de legitimación?

A continuación, se detallan las distintas finalidades de tratamiento por [company name]:

1) Gestionar la relación precontractual y, en su caso, contractual, respecto de los productos y/o servicios de [company name] que contrate.

Cuando se proceda a la contratación de alguno de los productos y/o servicios de [company name], trataremos sus datos personales con las siguientes finalidades:

Proceder a la firma del contrato, el mantenimiento, desarrollo y ejecución del mismo. Lo anterior incluye, asimismo, el tratamiento de sus datos personales con la finalidad de organizar las carteras de los distintos clientes de [company name] y asignar cada una de ellas a un gestor determinado, y el tratamiento de los datos transaccionales de los productos y/o servicios que usted tenga contratados con [company name], en los casos en que resulte necesario a fin de comprobar que cumple las condiciones para la suscripción y posterior desarrollo del contrato.

Having researched, lots of entries come up with "perform" as the meaning of "desarrollo" and "ejecución". Is there a subtle difference in meaning in English here? Many thanks in advance for your help!
Matt Valentine
United Kingdom
Local time: 19:01
English translation:implementation and performance
Explanation:
Implementation is the correct putting into practice of the contract, and the performance is how well the contract is fulfilled.

https://www.fillhq.com/blog/contract-implementation/#:~:text...
Selected response from:

Edward Tully
Local time: 20:01
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2implementation and performance
Edward Tully
4roll(-)out / commissioning and performance [of a contract]
Adrian MM.
Summary of reference entries provided
Refs.
Taña Dalglish
This should help
AllegroTrans

Discussion entries: 4





  

Answers


9 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
roll(-)out / commissioning and performance [of a contract]


Explanation:
firma is the word for signing (off) or execution.

Though rollout often (AmE: oftentimes) refers to a market launch of a product or service, I have used the term in the past and made an albeit uncopyrighted note of the term that I believe, in this instance, captures the true flavo(u)r of the commissioning - and that I have added just in case anyone tries (again) to lift my idea.

> desarrollo means the (intransitive) course or conduct of the contract, not necessarily implementing such, but - unusually - doesn't work with 'proceder a' but see West: desarrollar una auditoría = perform or conduct an audit.

Proceder a la firma del contrato, el mantenimiento, desarrollo y ejecución del mismo : Take steps to / arrange for the signing (execution!), upholding, roll(-)out and implementation of the same.

'When in doubt, leave out' for the faint-hearted vs. Prof. Peter Newmark at my alma mater: 'every word in the source text needs (to) be accounted for'.

Example sentence(s):
  • 4 Tips for Rolling Out a New Contract -> A good implementation plan should cover pre and post rollout activities like: Identifying stakeholders; Setting up the ordering system and proces.

    Reference: http://www.proz.com/personal-glossaries/entry/22184872-desar...
    Reference: http://www.proz.com/personal-glossaries/entry/1142923-roll-o...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 578
Login to enter a peer comment (or grade)

19 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
implementation and performance


Explanation:
Implementation is the correct putting into practice of the contract, and the performance is how well the contract is fulfilled.

https://www.fillhq.com/blog/contract-implementation/#:~:text...

Edward Tully
Local time: 20:01
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1662
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans
1 day 52 mins
  -> Many thanks! ;-)

neutral  philgoddard: I think these two words mean the same thing.
2 days 23 hrs

agree  liz askew
3 days 20 hrs
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Reference comments


42 mins peer agreement (net): +1
Reference: Refs.

Reference information:
Proceed to the signing ..., performance and enforcement of the contract.
Search: https://www.proz.com/search/"ejecución"

https://tureng.com/en/spanish-english/enforcement
5 General enforcement ejecución [f]


Principles of European Contract Law
JSTOR
https://www.jstor.org/stable/27877505
by O Lando · 1992 · Cited by 115 — There are, among its 18 articles, one rule dictating good faith and fair dealing in the **performance and enforcement of the contract**, one obliging both...

Taña Dalglish
Jamaica
Specializes in field
Native speaker of: English
PRO pts in category: 735

Peer comments on this reference comment (and responses from the reference poster)
agree  AllegroTrans: yes, but "performance" not "enforcement" which is something else entirely and only likely to apply if a party breaches the contract
14 hrs
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14 hrs peer agreement (net): +1
Reference: This should help

Reference information:
Contract Execution Process: From negotiation to implementation
Introduction

Welcome to the world of procurement, where contracts are the lifeblood of business operations. In this fast-paced corporate landscape, negotiating and executing contracts efficiently is key to success. The contract execution process involves several crucial steps that ensure agreements are drafted, finalized, and implemented seamlessly. From the initial negotiation phase to the final implementation stage, each step plays a vital role in ensuring both parties fulfill their obligations and achieve their objectives. In this blog post, we will dive deep into the contract execution process: from negotiation to implementation. So buckle up as we embark on a journey through the intricacies of procurement and discover how effective contract execution can drive your business forward!
The Negotiation Process

The Negotiation Process is a crucial step in the contract execution journey. It involves discussions between parties to reach mutually beneficial terms and conditions. This process requires effective communication, negotiation skillsnegotiation skillsnderstanding of the business objectives.

During negotiations, both parties present their proposals and counteroffers. Each party may have different priorities or areas that they are willing to compromise on. The goal is to find common ground and strike a fair deal that satisfies both sides.

Negotiations can be intense at times, with each party advocating for their own interests. It’s important to maintain professionalism throughout the process and focus on finding solutions rather than getting caught up in disputes.

Successful negotiations result in an agreement that outlines all the key terms of the contract. This includes details such as pricing, delivery schedules, payment terms, warranties, indemnities, and any specific requirements or clauses unique to the agreement.

The negotiation process requires active listening, clear communication skills, flexibility in finding compromises when necessary while keeping sight of your own goals. It sets the foundation for a successful contract execution by establishing clarity and alignment between all parties involved
The Execution Process

The Execution Process is a crucial step in the contract lifecycle. Once the negotiations are complete and all parties have agreed upon the terms, it is time to put those words into action. This phase involves turning the signed contract into actionable tasks that can be completed by both parties.

During this process, the focus shifts from discussions and revisions to implementation and performance. The key players involved in executing the contract will closely follow its provisions, ensuring that each party fulfills their obligations as outlined in the agreement.

To ensure smooth execution, it is essential for everyone involved to have a clear understanding of their roles and responsibilities. Open communication channels between both parties are vital during this stage to address any issues or concerns promptly.

It’s also important to establish mechanisms for monitoring progress and resolving disputes if they arise along the way. Regular meetings or check-ins can help keep everyone on track and provide an opportunity for feedback and adjustments if needed.

Throughout this process, documentation plays a critical role. Keeping detailed records of every step taken ensures transparency and accountability for all actions related to the contract execution.

Effective execution of a contract requires careful planning, open communication, and diligent monitoring of progress. By following these steps diligently, organizations can ensure successful implementation of contracts while minimizing risks or potential conflicts along the way
The Implementation Process

The Implementation Process is the crucial final step in executing a contract. Once all parties have agreed upon and signed the contract, it’s time to put the plans into action. This phase involves translating the terms and conditions of the agreement into practical steps that will ensure successful implementation.

A project team is usually established to oversee and manage the implementation process. This team consists of key stakeholders from both sides who will work together to ensure smooth execution. Clear roles and responsibilities are assigned to each team member to avoid confusion or delays.

Next, an implementation plan is developed outlining specific tasks, timelines, and resources required for each stage of the process. It’s important for this plan to be detailed yet flexible enough to accommodate any unexpected challenges that may arise during execution.

Communication plays a vital role during implementation as well. Regular meetings between the project team and other relevant stakeholders help maintain transparency and address any issues promptly. Effective communication ensures everyone remains aligned with their objectives and keeps track of progress made towards achieving them.

Additionally, monitoring and evaluation mechanisms must be put in place throughout the implementation process. These mechanisms provide feedback on performance against set targets, allowing for necessary adjustments or corrective actions if needed.

Documentation is essential at every stage of implementation. Keeping accurate records helps track milestones achieved, document changes or amendments made along the way, provide evidence of compliance with contractual obligations if disputes arise later on.

In conclusion,the Implementation Process requires careful planning,timely communication,and thorough documentation.

It serves as a bridge between negotiation agreementsand tangible results.

Properly executed,it ensures that contracts deliver their intended valueby translating theminto actionable plansand overseeing their successful realization
Conclusion

Conclusion

Managing the contract execution process, from negotiation to implementation, is a critical aspect of procurement. By following a systematic approach and implementing best practices, organizations can ensure that contracts are executed efficiently and effectively.

The negotiation process lays the foundation for successful contract execution. It involves careful analysis of terms and conditions, collaboration with stakeholders, and reaching mutually beneficial agreements. Through effective communication and skilled negotiation tactics, parties can establish clear expectations and minimize potential disputes down the line.

Once negotiations are complete, the execution process comes into play. This phase involves reviewing legal aspects of the contract, obtaining necessary approvals, and ensuring all required documentation is in place. Attention to detail is crucial during this stage to avoid any potential legal or operational risks.

Comes the implementation process where contracts are put into action. Proper coordination between all relevant parties is essential to ensure smooth execution. Regular monitoring of performance metrics helps track progress towards desired outcomes while also providing an opportunity for timely intervention if any issues arise.

In conclusion,

the contract execution process encompasses several stages – from negotiation to implementation – each playing a vital role in driving successful procurement outcomes. By adopting efficient processes and leveraging technology solutions when available,

organizations can streamline their contracting activities,

minimize risk exposure,

and maximize value creation through optimized supplier relationships.


    https://oboloo.com/blog/contract-execution-process-from-negotiation-to-implementation/
AllegroTrans
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1656

Peer comments on this reference comment (and responses from the reference poster)
agree  liz askew
4 days
  -> thanks Liz
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