Can Liability Arising from the SCCs Be Limited by Provisions Contained in the Main Agreement?
ANSWER
The SCCs regulate two types of liability:
- The liability of the parties towards data subjects (see Module 1 and 4, Clause 12(b) and (c); and Module 2 and 3, Clause 12(b), (c), and (e) of the SCCs).
- Liability between the parties (see Module 1 and 4, Clause 12(a); and Module 2 and 3, Clause 12(a) of the SCCs).
The provisions of the main agreement (for example, those concerning the allocation or limitation of liability) must not conflict with the liability regime established by the SCCs (see also Clause 2(a) of the SCCs).
At the same time, it should be noted that the liability rules introduced by the SCCs apply only to liability arising from breaches of the SCCs themselves.
The liability clauses contained in the SCCs do not affect any liability provisions that may apply to other aspects of the contractual relationship between the parties.
The above answer is based on an official document of the European Commission.
You can review it at: https://ec.europa.eu/info/sites/default/files/questions_answers_on_sccs_en.pdf
A translated version of this document is also available on our blog under the title: "Standard Contractual Clauses (SCCs) – Questions and Answers".
