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Q29. How will IAF manage liability in the proposed agreements?

02 Nov 2021

In its contracts with CBs and other users of the database, IAF Database LLC will include language limiting its liability. These limitations include a general exclusion of consequential and other speculative damages and an annual cap on liability. The proposed version of the data management agreement contemplates an annual cap equal to available insurance proceeds. IAF-DB will receive a contractual indemnity from QualityTrade which covers, among other things, failure to maintain information security standards.  This indemnity will be backed up by minimum insurance requirements contractually imposed on the database developer/operator.