For US-governed agreements, total liability under these Data Processing Terms is capped at the Agreement's existing monetary limit, with an explicit carve-out restoring indemnification claims related to applicable data protection legislation; for non-US agreements, liability follows the Agreement's existing exclusions and limitations.
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This provision ties DPT-related liability to the Agreement's pre-existing monetary cap and explicitly preserves data protection indemnification claims from any indemnification exclusions in the Agreement, which has direct implications for the financial exposure each party retains in the event of a data incident or regulatory action.
Interpretive note: The financial significance of this provision depends on the specific monetary cap in the underlying Agreement, which is not reproduced in this document; the carve-out for indemnification claims related to data protection legislation may also require jurisdiction-specific legal interpretation.
Under this provision, each party's financial liability arising from these Data Processing Terms is capped at the Agreement's existing monetary limit for US-governed agreements, while the explicit carve-out means that indemnification claims based on data protection law obligations are not excluded by any general indemnification exclusion in the Agreement.
Cross-platform context
See how other platforms handle Liability Cap for Data Processing Terms and similar clauses.
Compare across platforms →"If the Agreement is governed by the laws of: (a) a state of the United States of America, then, regardless of anything else in the Agreement, the total liability of either party towards the other party under or in connection with these Data Processing Terms will be limited to the maximum monetary or payment-based amount at which that party's liability is capped under the Agreement (and therefore, any exclusion of indemnification claims from the Agreement's limitation of liability will not apply to indemnification claims under the Agreement relating to the Applicable Data Protection Legislation); or (b) a jurisdiction that is not a state of the United States of America, then the liability of the parties under or in connection with these Data Processing Terms will be subject to the exclusions and limitations of liability in the Agreement.Excerpt from Google Ads's Data Processing Terms
REGULATORY LANDSCAPE: This provision engages GDPR Article 82, which establishes controller and processor liability to data subjects for damage resulting from GDPR infringements, and the equivalent provisions of UK GDPR and LGPD.
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This provision ties DPT-related liability to the Agreement's pre-existing monetary cap and explicitly preserves data protection indemnification claims from any indemnification exclusions in the Agreement, which has direct implications for the financial exposure each party retains in the event of a data incident or regulatory action.
Under this provision, each party's financial liability arising from these Data Processing Terms is capped at the Agreement's existing monetary limit for US-governed agreements, while the explicit carve-out means that indemnification claims based on data protection law obligations are not excluded by any general indemnification exclusion in the Agreement.
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