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6. Liability and termination

Past version: effective from 21/10/2015 - 20/10/2015
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(1) The Parties agree that any Data Subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any Party or Subprocessor is entitled to receive compensation from the Data Exporter for the damage suffered.
(2)
(a) If a Data Subject is not able to bring a claim for compensation in accordance with sub-clause (1) against the Data Exporter, arising out of a breach by the Data Importer or his Subprocessor of any of their obligations referred to in Clause 3 or in Clause 11, because the Data Exporter has factually disappeared or ceased to exist in law or has become insolvent, the Data Importer agrees that the Data Subject may issue a claim against the Data Importer as if it were the Data Exporter, unless any successor entity has assumed the entire legal obligations of the Data Exporter by contract or by operation of law, in which case the Data Subject can enforce its rights against such entity.
(b) The Data Importer may not rely on a breach by a Subprocessor of its obligations in order to avoid its own liabilities.
(3) If a Data Subject is not able to bring a claim against the Data Exporter or the Data Importer referred to in sub-clauses (1) and (2), arising out of a breach by the Subprocessor of any of their obligations referred to in Clause 3 or in Clause 11 because both the Data Exporter and the Data Importer have factually disappeared or ceased to exist in law or have become insolvent, the Subprocessor agrees that the Data Subject may issue a claim against the data Subprocessor with regard to its own Processing operations under the Clauses as if it were the Data Exporter or the Data Importer, unless any successor entity has assumed the entire legal obligations of the Data Exporter or Data Importer by contract or by operation of law, in which case the Data Subject can enforce its rights against such entity. The liability of the Subprocessor shall be limited to its own Processing operations under the Clauses.
(4) In addition to the Data Exporter's entitlement to terminate the Clauses in accordance with Clause 5(a), either Party may terminate these Clauses if: (i) the Registrar makes a designation under section 4 of the Regulations which remains in force, in relation to each jurisdiction in which the Data Importer and each of its Subprocessors is incorporated or operates or uses the Personal Data; or (ii) each such jurisdiction not so designated is added to the list in Schedule 3 to the Regulations.
(5) The Parties agree that the termination of these Clauses at any time, in any circumstances and for whatever reason (except for termination under sub-clause (4)) does not exempt them from the obligations and/or conditions under the Clauses as regards the Processing of the Personal Data transferred.