As a company we are facing more and more push back on liability caps relating to data breaches. We are predominately a controller, and find that some processors are not willing to negotiate at all. Our main worry currently is the (hypothetical) potential for class action style suites against us as an employer, and we don’t want to cap our Art.82(5) entitlement.
What are your experiences? Have you been able to get the caps you need? And what sort of level are they?
Liability Caps – What is your experience?
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Tash
I generally see the caps at the value of the contract.
Chris Roberts
I’ve not personally seen any push back yet. I’m sure I will. I see the levels the same as Tash and Elisavet.
Elisavet D.
I agree with Tash!