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Ti=Article 82 - Right to compensation and liability

1.sec=Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the {_controller} or {_processor} for the damage suffered.

2.sec=Any {_controller} involved in {_processing} shall be liable for the damage caused by {_processing} which infringes this Regulation. A {_processor} shall be liable for the damage caused by {_processing} only where it has not complied with obligations of this Regulation specifically directed to {_processors} or where it has acted outside or contrary to lawful instructions of the {_controller}.

3.sec=A {_controller} or {_processor} shall be exempt from liability under paragraph 2 if it proves that it is not in any way responsible for the event giving rise to the damage.

4.sec=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 2 and 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.sec=Where a {_controller} or {_processor} has, in accordance with paragraph 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 2.

6.sec=Court proceedings for exercising the right to receive compensation shall be brought before the courts competent under the law of the Member State referred to in Article 79(2).

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