Where, in the course of the contract, personal data processing is carried out by the trader, a failure on his part to comply with his obligations under Regulation (EU) 2016/679 of 27 April 2016 and Law No. 78-17 of 6 January 1978 on data processing, data files and individual liberties, where 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 by those texts.