Edited by Vanessa Mak, Eric Tjong Tjin Tai and Anna Berlee
Chapter 3: Liability for data loss
This chapter aims to give an overview of the contractual and non-contractual remedies related to loss of data. Different exoneration clauses in relation to data loss are looked at more closely for services such as Twitter, Google, Facebook. The chapter furthermore discusses not only the loss of non-personal data, but also touches upon the problems of the case of loss of personal data. Several topics are discussed further, including the difficulties with affixing liability when it is unclear who ‘owns’ the data and what the value of the lost data is (i.e., how to quantify the damages).
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