“Mistral AI will remain liable to Customer if such Subprocessor fails to fulfill its data protection obligations with regard to the relevant Processing activities under the DPA.”
This analysis describes what Mistral AI'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 retained liability means that engaging Subprocessors does not transfer legal accountability away from Mistral AI toward Customer, preserving Customer's ability to hold Mistral AI responsible for Subprocessor failures.
If a Subprocessor fails its data protection obligations for relevant Processing activities, Customer can hold Mistral AI liable rather than being required to pursue the Subprocessor directly.
How other platforms handle this
The Credit Karma Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you
The Indemnifying Party will have the sole right to conduct the defense of any Claim for which the Indemnifying Party is responsible hereunder, provided that the Indemnifying Party may not settle any Claim without the Indemnified Party's prior written approval unless...
In the event you are required to indemnify us pursuant to this Agreement or any court rulings, you must secure all necessary approvals and consents from regulatory authorities for the remittance of any indemnified amount to us.
"Mistral AI will remain liable to Customer if such Subprocessor fails to fulfill its data protection obligations with regard to the relevant Processing activities under the DPA.Excerpt from Mistral AI's Data Processing Addendum
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This retained liability means that engaging Subprocessors does not transfer legal accountability away from Mistral AI toward Customer, preserving Customer's ability to hold Mistral AI responsible for Subprocessor failures.
If a Subprocessor fails its data protection obligations for relevant Processing activities, Customer can hold Mistral AI liable rather than being required to pursue the Subprocessor directly.
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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