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 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 …
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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.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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