If one of Pinecone's subprocessors causes a data protection breach, Pinecone is contractually responsible to the Customer to the same extent as if Pinecone itself had caused the breach.
This analysis describes what Pinecone'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 establishes full pass-through liability for Subprocessor failures, which aligns with GDPR Article 28(4) requirements and provides business customers with a single point of accountability for data protection failures across Pinecone's supply chain.
Business customers have a contractual commitment from Pinecone that they can hold Pinecone directly liable for data protection failures caused by any of Pinecone's subprocessors, rather than needing to pursue the subprocessor directly. This provides operational clarity in breach scenarios involving third-party infrastructure providers.
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"Pinecone shall enter into a written agreement with its Subprocessors which includes data protection and security measures no less protective than the measures set forth in this DPA. Pinecone remains fully liable for any breach of this DPA that is caused by an act, error or omission of its Subprocessors to the same extent that Pinecone would have been liable for such act, error or omission had it been caused by Pinecone.— Excerpt from Pinecone's Pinecone Data Processing Addendum
1) REGULATORY LANDSCAPE: This provision reflects GDPR Article 28(4), which states that where a subprocessor fails to fulfill its data protection obligations, the initial processor remains fully liable to the controller for the performance of the subprocessor's obligations. EU supervisory authorities and the ICO are the primary enforcement bodies. The alignment of this clause with Article 28(4) supports the DPA's GDPR compliance posture. 2) GOVERNANCE EXPOSURE: Low to Medium. The full liability clause is consistent with GDPR requirements and represents a standard allocation in processor agreements. However, the practical scope of this liability depends on the liability caps established in the main Agreement, which may limit the recoverable amount despite the full liability characterization in the DPA. 3) JURISDICTION FLAGS: EU/EEA and UK jurisdictions are most directly affected given the GDPR Article 28(4) basis for this clause. U.S. state privacy laws generally do not impose equivalent subprocessor liability requirements, though the clause provides contractual protection in those jurisdictions as well. 4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should review the liability cap provisions in the main Agreement to understand the practical ceiling on recoverable damages under this full liability clause. The written agreement requirement for Subprocessors should be verified through vendor due diligence, and business customers may request confirmation that subprocessor agreements include equivalent data protection provisions. 5) COMPLIANCE CONSIDERATIONS: Compliance teams should document Pinecone's subprocessor liability commitment as part of their vendor risk management records. In the event of a Security Incident involving a Subprocessor, business customers should direct claims and remediation requests to Pinecone rather than the Subprocessor directly, consistent with this clause.
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This clause establishes full pass-through liability for Subprocessor failures, which aligns with GDPR Article 28(4) requirements and provides business customers with a single point of accountability for data protection failures across Pinecone's supply chain.
Business customers have a contractual commitment from Pinecone that they can hold Pinecone directly liable for data protection failures caused by any of Pinecone's subprocessors, rather than needing to pursue the subprocessor directly. This provides operational clarity in breach scenarios involving third-party infrastructure providers.
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