Issues Deriving from Limitation of Liability Clauses From a Data Protection Perspective and Possible Remedies:

Abstract

The limitation of liability clauses are usually structured as to restrict one of the parties’ legal responsibility to: direct damages; a sum not exceeding a certain cap (generally, consideration paid – not owed – during the preceding 12 months). Under Italian law limitation of liability clauses are not applicable in case of gross negligence and willfull act but it is still difficult to determine the degree of negligence. Furthermore, if the Agreement is regulated by the law of other Countries, this rule may not apply.