{
  "url": "https://openlegislation.uk/eu-regulation-2017-2226/article-45",
  "json_url": "https://openlegislation.uk/eu-regulation-2017-2226/article-45.json",
  "legislation": "eur/2017/2226",
  "legislation_title": "Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2017-2226",
  "path": "article/45",
  "kind": "article",
  "number": "45",
  "heading": "Liability",
  "text": "1. Any person or Member State that has suffered material or immaterial damage as a result of an unlawful processing operation or any act not compliant with this Regulation shall be entitled to receive compensation from the Member State which is responsible for the damage suffered. That Member State shall be exempted from liability, in whole or in part, if it proves that it is not in any way responsible for the event which gave rise to the damage.\n2. If any failure of a Member State to comply with its obligations under this Regulation causes damage to the EES, that Member State shall be held liable for such damage, unless and insofar as eu-LISA or another Member State participating in the EES failed to take reasonable measures to prevent the damage from occurring or to minimise its impact.\n3. Claims for compensation against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of national law of the defendant Member State.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2017/2226/article/45",
    "retrieved_at": "2026-11-01T14:44:24.483532+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}