There are no general requirements under Angolan law that provide that contracts must be written in Portuguese. However, in certain cases – for instance, contracts with consumers – the Portuguese language is mandatory, and, if the contract is to be used in specific situations – for example, for purposes of evidence in court or used with public authorities – translation to Portuguese is required.
Key commercial contract considerations
Recognized language of commercial agreements
Angola
Argentina
Agreements are generally entered in Spanish. However, it is legally possible to enter agreements written in other languages. These agreements must be translated when presented in court. Spanish language may be necessary in consumer transactions.
Australia
It is preferable to use consumer-friendly English to ensure transparency.
Austria
There are strict requirements on the clarity of business-to-consumer contracts. In principle, the clarity is in principle jeopardized if the consumer is not familiar with the language of the contract. In case of Austrian consumers, any contract that is not written in German will likely be unclear to the consumer and thus invalid.
Belgium
Commercial contracts may be concluded in any language. From an enforceability perspective, the claimant must prove that the counterparty consented to the terms, which includes understanding the language. For consumers, this evidentiary burden of proof will be a high bar to clear if the contract language is not the official language of the region of residence of the consumer.
Brazil
In general, it is acceptable to execute contracts in another language (eg, English); however, if the contract must be taken to any Brazilian authority, including courts, only Portuguese versions or sworn translations will be accepted.
The Consumer Defense Code requires the presentation of products and services to consumers in Brazil to be in Portuguese, including precise, clear and ostensive information related to their characteristics, qualities, composition, price and warranty, among others. The contract will not be binding on consumers if it is written in a way that may be difficult for the consumer to understand, and the fact that the contract is written in another language might suffice for it to be deemed difficult to understand by a consumer.
Canada
Contracts are a matter of provincial, not federal, law. Generally speaking, a contract may be expressed in any language, although English and, French are the only official languages in Canada. In Québec, special steps are required to be taken if a contract is drafted in any language other than French.
Chile
Chilean law does not contain, in principle, any provisions on the language of contracts. According to the general rules, both parties must be able to understand the essential elements of the contract in order to conclude it.
In the use of general terms and conditions towards consumers, the language of the contract in principle must be Spanish, except for foreign language words that have been incorporated into the lexicon (ie, that are commonly used). An exception is admissible if the consumer expressly accepts the use of general terms and conditions in another language by signing a written document in Spanish attached to the contract and obtains a copy of the contract in Spanish.
China
Generally, contracts signed in other languages are acceptable, but a Chinese translation should be provided for reference if the contracts are submitted to the relevant Chinese authorities or courts.
Colombia
Commercial agreements may be valid even if they are not written in Spanish, which is Colombia’s official language. As per Decision 486 and 351 both issued by the CAN, the filing before the relevant authority to register intellectual property rights must be in Spanish. Nonetheless, if the documents or agreements are in a different language, they will be accepted only if they are translated to Spanish.
Czech Republic
Czech law does not set any language requirement. However, commercial agreements should be comprehensible to both parties. Authorities generally require translations to Czech. Most commercial agreements are in Czech. At the same time use of English is very common (typically when one of the parties is a foreign entity or English language template is used to avoid translation costs).
Denmark
Commercial contracts in a business-to-business transaction are often in English, although Danish is also recognized.
In a business-to-consumer contract, Danish is preferable. In addition, Danish consumer law requires that specific compulsory information is provided in Danish if the product or service has been marketed in Danish by the trader, unless the consumer has consented to receive the information in another language.
Finland
There are generally no language requirements for commercial agreements. Most B2B agreements are drafted in English or Finnish.
France
There is no requirement under French law that business-to-business contracts must be in French.
However, if documentation is provided to French consumers, the contract should at a minimum specify which party is responsible for producing French labeling or users' guides. Pursuant to the French Language Law of August 4, 1994 (Loi Toubon), any documentation or communication made to French consumers must be in French; any French translation must be as legible as the original version.
In addition, under the French Language Law, a French or translated version of the agreement is required when concluding a contract with a public entity in France.
Germany
Commercial contracts can be concluded in any language that both parties understand. The recognized language basically depends on the language used by the contracting parties prior to the conclusion of the contract. In particular with regard to consumers, companies shall specify the applicable language prior to the conclusion of the contract. If, for example, information on the company homepage regarding products or services was displayed in German, the contract with the consumer, including related terms and conditions, must also be in German.
Hong Kong, SAR
English – preferably "plain English" that is consumer-friendly – is the usual language for commercial contracts. Consumer-facing agreements and terms are often provided in dual language (ie, English and Traditional Chinese). Where one version of a contract in a certain language is to take priority over the other, it should be expressly stated in the contract.
Hungary
There is no limitation in connection with the language of license agreements. Both parties shall understand the language of such agreements. If, however, the signatory of a contract does not speak the language in which the contract is executed, the contract may be null and void.
India
English is the most commonly used language for contracts in India.
Indonesia
Under Article 31 of Law Number 24 of 2009 on Flag, Language, State Emblem and National Anthem, the Indonesian language must be used in any memorandum of understanding or any agreement entered by an Indonesian with a state institution, Indonesian government institution, Indonesian private entity or Indonesian citizen. Such memorandum of understanding or agreement that involves a foreign party may also be made in the national language of the foreign party and/or in English. Further, Article 26 paragraph (4) Presidential Reg. 63 provides that, in case of any discrepancy in the language interpretation used in such memorandum of understanding or agreement, the language to be prevailed can be further agreed by the parties of the memorandum of understanding or agreement.
Ireland
English is the recognized language for commercial contracts in Ireland. There are some specific provisions in consumer protection law in Ireland which inform not just the content of business to consumer commercial agreements but also the style of English used, encouraging clear and intelligible language to be used for the benefit of the consumer.
Israel
In general, there is no requirement under Israeli law that a commercial agreement will be drafted in any specific language, to the extent that the chosen language will be understood by all parties to the agreement.
In consumer-type agreements, entering into a transaction with a consumer by exploiting the consumer’s lack of knowledge of the specific language of the transaction is considered an unfair influence by the dealer which is prohibited. Such a claim would have to be proved by the consumer according to the specific circumstances of the matter. There is a general presumption that, if an individual has decided to enter into a transaction, they understand its contents; however, such presumption, of course, can be rebutted.
Italy
Generally, the parties are free to determine the language of the contract. However, with regard to business-to-consumer agreements for the sale of goods and standard terms and conditions, use of the Italian language is mandatory. Moreover, should one or more of the parties not be familiar with a given foreign language, said party may claim the invalidity of some clauses of the contract.
Japan
Japanese language is used for consumer-facing commercial agreements though it is not mandatory for a contract to be enforceable. In business transactions, English agreements are not common but they are enforceable.
Luxembourg
Commercial contracts may be concluded in any language. From an enforceability perspective, the claimant must prove that the counterparty consented to the terms, which includes understanding the language. For consumers, this evidentiary burden of proof is difficult to satisfy if the contract language is not the official language of the region of residence of the consumer.
Mexico
Spanish. Documents to be filed with a governmental authority shall be translated into Spanish by an official translator.
Netherlands
Commercial contracts may be concluded in any language, albeit that contracts concluded with consumers must be sufficiently understandable for a consumer. This could imply the need for contracts in the Dutch language.
New Zealand
A contract in plain English that is consumer-friendly is preferred. In consumer contracts in particular, certain terms may be unenforceable if they are not brought to the consumer's attention in a clear and unambiguous manner.
Nigeria
There is no general requirement for contracts to be in a specific language in order to have legal effect. As a basic principle, it is important to ensure that the written terms of agreements are in plain language that can be easily understood. However, documents to be filed with the court and other government agencies must be in English, the official language in Nigeria.
Norway
Commercial contracts in business-to-business transaction are often in English, although Norwegian is the most common language between smaller companies.
Though not expressly required under mandatory law, Norwegian is preferable and recommended in business-to-consumer contracts. In case of business-to-consumer contracts entered into through distance selling, where the Norwegian Rights of Cancellation Act applies, the contractual terms must be presented in the Norwegian language if an e-commerce site is deemed to “target” Norwegian consumers. Whether a website is deemed to target Norwegian consumers will depend on an overall assessment of various factors, such as language of the site, whether customer service is provided in local language or whether one can pay in local currency, among others.
Peru
N/A
Philippines
English, and specifically "plain English" that is consumer-friendly, is preferred, particularly in consumer-facing commercial agreements and terms.
In the event of litigation, documentary evidence in the English or Filipino language is generally admissible as evidence under the Revised Rules of Evidence, as amended. In contrast, documents in an unofficial language may be admitted in evidence only when accompanied with a translation into English or Filipino.
Poland
Commercial agreements may be drafted in any language that the parties choose. However, contracts concluded with consumers have to be drafted in Polish. Also, for the purpose of providing the contract with the authorities or to register the contract in order to cause specific legal consequences, it may be necessary to prepare a Polish version or a sworn translation of the contract.
Portugal
There are no general requirements under Portuguese law that provide that contracts must be written in Portuguese. However, in certain cases (eg, contracts with consumers), Portuguese language is mandatory, and, if the contract is to be used in specific situations (eg, for purposes of evidence in court or used with public authorities), translation to Portuguese is required.
Romania
There are no mandatory requirements in relation to the language of contracts concluded between professionals. However, legalized translations into Romanian are necessary for court proceeding purposes. For contracts concluded with consumers, Romanian is mandatory.
Russia
The agreement can be executed in any language. However, for agreements concluded with Russian consumers (B2C), the Russian version is necessary as its absence may entail the risk of consumer claims based on "lack of information on the goods." In addition, Russian counterparties may request a Russian translation for administrative purposes, such as for tax inspections.
Saudi Arabia
Generally, there is no legal requirement to execute contracts in Arabic, although there are exceptions (for example, when contracting with the KSA government). It is however important to bear in mind that, if brought before the KSA courts/authorities, contracts and related documentation will need to be in the Arabic language or translated into Arabic by a certified translator.
Singapore
Generally, English is the language used in commercial agreements.
Slovak Republic
Slovak language is the official language in the Slovak Republic. However, in general, commercial agreements may be concluded in a foreign language.
South Korea
Any language agreed between parties can be adopted as governing language of a contract. However, the STCA requires that standardized contract terms be provided in language and expression that can be easily understood by customers. Providing the standardized contract term in Korean can be a positive factor in meeting the requirement, but the positive effect is not so significant in case of large business entity customers.
Spain
Parties are in principle free to choose the language to govern their contract. In consumer-facing commercial agreements and terms, Spanish is mandatory (with a relevant role of regional languages).
Sweden
Commercial contracts in a business-to-business situation are often in English, although Swedish is the preferred language.
Though not expressly required under mandatory law, Swedish is recommended for contracts in a business-to-consumer situation to avoid any arguments by consumers that they are not to be bound by the agreement because they were not able to understand the content thereof. Furthermore, the Swedish Consumer Agency may in certain circumstances also impose on a company to use Swedish in its agreements with consumers (including general terms and conditions). If English is used however, "plain English" that is consumer-friendly is preferred.
In a business-to-consumer situation, user manuals and safety warnings, for example, should be provided in Swedish or with easily understood symbols. If not, the product may be deemed faulty.
Switzerland
The English language is recognized in both business and consumer-related contracts. However, it is recommended that for consumer contracts one of the official Swiss languages (German, French or Italian) is used.
Taiwan, China
The law is silent on the recognized language of commercial agreements. Chinese is the usual language for commercial agreements between local persons, and English is the usual language for the agreements between local people and foreigners.
Ukraine
It is highly recommended for a commercial contract with a Ukrainian party to be written in Ukrainian or be bilingual (ie., in Ukrainian and language of the other party).
According to the E-Commerce Law dated September 3, 2015, an offer to conclude an e-contract, text of such e-contract and electronic communication regarding such e-contract shall be made in Ukrainian. At the buyer’s request, the electronic agreement may be concluded in another language upon the parties’ consent.
United Arab Emirates
Contracting parties are free to choose the governing language of their agreements but, if an agreement is to be submitted to any official body or is subject to consideration in a local court in the UAE, it must be translated into Arabic.
United Kingdom
There is no general requirement that contracts be in English language in order to have legal effect. In relation to consumer contracts and notices, however, a trader must ensure that the written terms of the consumer contract and written consumer notices are in plain and intelligible language. The courts may strike down limitations or similarly onerous provisions in consumer facing contracts which are not worded sufficiently clearly or with sufficient prominence.
United States
English – specifically plain English that is consumer-friendly – is preferred, particularly in consumer-facing commercial agreements and terms.
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