By invitation: changes in the use of language

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The Estonian Parliament is currently proceeding the Language Act draft legislation, which will regulate the use of Estonian and foreign languages in everyday administration and communication, delimit the public and official use of language and specify the use of language on provision of goods and services. BBN asked Kerttu Sarapuu, lawyers of Hedman Partners Law Office, to explain what may come.

Regulation of informational language

Consumer has the right to obtain information on the goods and services offered in Estonian language. The planned amendment in the Language Act extends the right to receive information in Estonian language also to the legal persons and directly limits the use of foreign languages on provision of goods and services. For example, signs, labels, names indicating the type of company and exterior advertisements placed in public place shall be provided in Estonian language.  Alternatively, the regulation allows to add a translation into foreign language, whereas the Estonian text shall be dominant. The aim of the above stipulation is to limit the extensive use of foreign signs in the public room and provide a clear understandability. The new regulation stresses that the Estonian language requirement extends only to the information provided in public place.

The name indicating type of company and trademark

A regulation concerning public use of the name indicating type of company substantively means that for example it is required to add specifying information to the Spanish word “plaza”, which is widely used on the commercial buildings in the city environment. For example the general name of the building “Metro Plaza” shall be changed into Estonian or provide additional information to it such as “office and commercial building” or something similar. The same concerns defining the word “lounge”, which is widely spread in public, as being a cafe, bar or beauty salon.
When using the trade mark for marking the place of economic activities or in advertisements it is required to provide the necessary information containing in its foreign verbal part on the goods and services offered, also in Estonian language. In the trademark law the above concerns the marks, which indicate to the type of goods and services, their quality, quantity, purpose, value, geographical origin, time of production or other characteristics of goods and services i.e. describe the goods and services. For example to the trade mark “bon bon lingerie” shall be added a translation of the verbal part “lingerie” and to the trade mark “HARD ROCK CAFE” a translation of the verbal part “CAFE”. Translating the trade mark or part of it is affecting the way trade mark is perceived by the consumers, its distinctiveness and legal protection, as such stipulation does not enable to use the trade mark in its registered form. The trade mark´s main function is after all to distinguish the product of one entrepreneur from another.

Regulation of webpages

A new stipulation in the draft is the regulation of websites. The websites which contain foreign information regarding the fields of activity and goods and services provided by the undertaking, non-profit association, foundation or self-employed person shall be also available in Estonian language. Consumers have the right to obtain information on the safety of goods and services offered as well as on aspects concerning protection of health, property and economic interests.
The draft does not specify whether the above concern the entire website, which may contain of various sites and whether it also applies on the website’s foreign parts. If applies, then it could probably become too burdensome for the website owner.

Amendments regarding contract language

The Law of Obligations Act sets the language requirements of contract drafting only for single contract types. The amendment of Language Act will stipulate that the employment contract and contract concluded under the Law of Obligations Act, which is to one contract party is not related with the economic and professional activity (e.g. courier service agreement), also the contract for provision of public services shall be concluded in Estonian language. The purpose of the above is to protect the weaker contract party – an employee or person, who is engaged in the contractual relationship that is not related to his daily economic activity. The contract parties are always free to agree on using some other contract language.

The above contract language regulation is welcome, but the restriction on use of foreign languages at public places by the way provided in the draft and the necessity and purpose of the restriction of entrepreneur’s freedom of choice is questionable. Maybe it is after all not reasonable to underestimate the consumers and over react with the protection of language culture.