in force 2024-05-20 MODIFIED+322 −19§
Amended by Regulation (EU) 2024/1183 32024R1183
applies from: unchanged
The opening phrase of paragraph 1 changes from a plain reference to paragraph 2 into a wording that says the article applies notwithstanding paragraph 2 and without prejudice to Regulation (EU) 2016/679, whereas the earlier text referred only to paragraph 2 with no mention of that Regulation.
Paragraph 1 also gains a new sentence stating that any natural or legal person who has suffered material or non-material damage from an infringement of the Regulation by a trust service provider has the right to seek compensation in accordance with Union and national law, a sentence absent from the earlier text.
The second subparagraph is reworded slightly, now referring to proving the intention or negligence rather than proving intention or negligence, with no other change to that sentence.
Cited: Art. 13, v1 · Art. 13, v2
text before / after
32014R0910 → 02014R0910-20240520
Article 13
Liability and burden of proof
1. Without Notwithstanding paragraph 2 of this Article and without prejudice to paragraph 2, Regulation (EU) 2016/679, trust service providers shall be liable for damage caused intentionally or negligently to any natural or legal person due to a failure to comply with the obligations under this Regulation.
Any natural or legal person who has suffered material or non-material damage as a result of an infringement of this Regulation by a trust service provider shall have the right to seek compensation in accordance with Union and national law.
The burden of proving the intention or negligence of a non-qualified trust service provider shall lie with the natural or legal person claiming the damage referred to in the first subparagraph.
The intention or negligence of a qualified trust service provider shall be presumed unless that qualified trust service provider proves that the damage referred to in the first subparagraph occurred without the intention or negligence of that qualified trust service provider.
2. Where trust service providers duly inform their customers in advance of the limitations on the use of the services they provide and where those limitations are recognisable to third parties, trust service providers shall not be liable for damages arising from the use of services exceeding the indicated limitations.
3. Paragraphs 1 and 2 shall be applied in accordance with national rules on liability.