Where, in the course of the contract, personal data is processed by the trader, a failure on his part to comply with his obligations under Regulation (EU) 2016/679 of 27 April 2016 and the loi n° 78-17 du 6 janvier 1978 relative à l’informatique, aux fichiers et aux libertés, insofar as such failure results in non-compliance with one or more of the compliance criteria set out in this section, shall be treated as a failure to comply, without prejudice to the other remedies provided for in those texts.