Is the new ICT vendor liable for loss of data from old ICT environment?
District Court of North Holland February 15, 2023, IT 4241; ECLI:NL:RBNHO:2023:2471 (Pit v. OfficeGrip Holding c.s.) This case deals with the question of whether a new ICT supplier is liable for damages resulting from the loss of data from its client's old ICT environment. The court held that the agreement between the client and the new ICT supplier was aimed at setting up a new ICT environment and managing it. It had not been agreed that the new supplier was responsible for managing the old ICT environment. Moreover, the client had explicitly not ordered the migration or securing of data. As a result, the new ICT supplier cannot be held liable for any damages suffered by the client as a result of data loss from the old ICT environment.5.21. The foregoing also has the effect that Pit's argument that the processor agreement e