Mark Robertson Aug 10, 2021:

@All Daryo's comments and discussion entry make total sense. The context is unhelpful and, as he says, we are left with the following:
1. The Agreement limits the liability of one party to the other by reference to either the maximum monetary amount or the payment-based amount.
2. The maximum monetary amount and the payment-based amount must therefore be different things.

We do not know whether the maximum monetary amount is a predetermined fixed amount, the result of the application of a formula, or something else.

We do not know what a payment-based amount is.

Daryo Aug 10, 2021:

Normally you can get a pretty good idea about the intended meaning of a term from the context in which it has been used.

But here, that doesn't help much.

You can get plenty of real-life samples of "payment-based amount" used in various GDPR related terms and conditions.

The only pattern that emerges is that it's always related to "use of data" / "responsibilities of the data controller", but no indications as to what would be the difference between a "payment-based amount" and a "monetary amount".

Mystère and boule de gomme.

Another piece of the puzzle:

This is about the responsibilities (/maximum liability) of a data controller.

Small fly in the ointment: just because there is a database brimming with personal information DOESN'T MEAN that some payment must have been made. How much did you pay to use Facebook or Twitter or any "free email" ...?

There are plenty of "free services" collecting personal information from users or just potential clients without them having to pay anything.

A "data controller's maximum liability" linked to the "amount paid" would then be grand amount of ZERO!

Not very likely ....

The clue is somewhere in the GDPR, for whoever's got time to wade trough it ...

philgoddard Aug 8, 2021:

I think the writer had a clear idea of what they wanted to say, but failed to express it effectively. We can only guess at the meaning.