This provision incorporates by reference the liability limitations and exclusions from the Google Ads Terms of Service, applying those limitations to claims arising under the Data Processing Terms, including claims related to data processing failures or breaches.
This analysis describes what Google Ads's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This clause links liability for data processing failures to the broader commercial liability framework in the Google Ads Terms of Service. Advertisers should review those terms to understand the financial cap and exclusions that would apply to claims arising from a data processing incident, as these may limit recovery in the event of a breach or processing failure.
Interpretive note: The specific liability cap amount and exclusions are contained in the Google Ads Terms of Service, which are incorporated by reference; the full scope of the limitation requires review of that separate document.
Under this clause, the financial remedies available to advertisers for losses arising from Google's processing failures are subject to the liability limitations in the Google Ads Terms of Service. Consumers are not direct parties to this agreement and do not have contractual claims against Google under these terms.
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"Each party's liability to the other under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be subject to the limitations and exclusions set out in the Google Ads Terms of Service.— Excerpt from Google Ads's Google Ads Data Processing Terms
1) REGULATORY LANDSCAPE: Liability limitations in processor agreements may not fully override statutory rights under GDPR, where supervisory authorities may impose administrative fines independently and data subjects may seek compensation from either controller or processor under GDPR Article 82. The liability limitation in the commercial agreement between advertiser and Google operates in the contractual dimension and does not preclude regulatory enforcement. 2) GOVERNANCE EXPOSURE: Medium. Advertisers should review the specific liability caps and exclusions in the Google Ads Terms of Service to assess whether the limitation is proportionate to the risk profile of the data processed through their Google Ads implementation. High-volume advertisers processing large volumes of personal data face greater potential regulatory exposure that may not be fully addressed by contractual recovery. 3) JURISDICTION FLAGS: EU and UK courts have in some circumstances limited the enforceability of liability caps in processor agreements where they undermine the effective exercise of GDPR rights. Advertisers should evaluate the commercial liability framework in the context of their home jurisdiction's contract law and GDPR implementation. 4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should review the liability cap in the Google Ads Terms of Service to confirm whether it is expressed as a monetary amount, a multiple of fees paid, or otherwise, and whether it aligns with the advertiser's risk management expectations. Indemnification provisions, if any, should also be reviewed in context. 5) COMPLIANCE CONSIDERATIONS: Compliance teams should factor the liability limitation into their data breach financial impact assessments and cyber insurance evaluations, as the contractual recovery available from Google may be limited relative to the total cost of a data breach including regulatory fines, notification costs, and reputational impact.
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This clause links liability for data processing failures to the broader commercial liability framework in the Google Ads Terms of Service. Advertisers should review those terms to understand the financial cap and exclusions that would apply to claims arising from a data processing incident, as these may limit recovery in the event of a breach or processing failure.
Under this clause, the financial remedies available to advertisers for losses arising from Google's processing failures are subject to the liability limitations in the Google Ads Terms of Service. Consumers are not direct parties to this agreement and do not have contractual claims against Google under these terms.
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