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Right to compensation and liability
1. Any person who has suffered material or non-material damage as a result of an infringement of the Regulation has the right to receive compensation from the Controller or processor for the damage suffered.
2. Any controller involved in processing is liable for the damage caused by processing which infringes this Regulation. The processor is liable for the damage caused by processing only where it has not complied with obligations of the Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the Controller.
3. The controller or processor shall be exempt from liability under paragraph 20.2 if it proves that it is not in any way responsible for the event giving rise to the damage.
4. Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, under paragraphs 20.2. and 20.3, responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data subject.
5. Where a controller or processor has, in accordance with paragraph 20.4., paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph 18.2.
6. Court proceedings for exercising the right to receive compensation is brought before the courts competent under the law of the Member State referred to in 18.2.