Common use of Liability Clause in Contracts

Liability. (1) The Parties are liable for their respective obligations towards the data subject in accordance with the statu- tory provisions. (2) With regard to their internal relationship, the liability of the Parties is determined by their respective area of responsibility, without prejudice to the provisions of this Agreement and any other liability distribution agree- ments of the Parties. Where both Parties are responsible for an area of data processing, liability for dam- ages is determined in accordance with Section 426 of the German Civil Code (BGB) Article 82 (4) and (5) GDPR.