[22nd December 2023] REPUBLIC OF SEYCHELLES Data Protection Act SUPPLEMENT TO OFFICIAL GAZETTE 655 ACT (2) When designing systems involving processing of personal data, the data controller shall do so in a manner that enables the data subject to exercise data portability rights. (3) The Commission shall provide guidance related to the scope of personal data to be requested by the data subject, the security measures required to the infrastructure enabling the data portability and interoperability of formats. (4) The Commission shall in addition approve the consent mechanism and features for data portability scenarios. Right to compensation 32.(1) Any person who suffers material or non-material damage as a result of a contravention of this Act has a right to compensation from the data controller or data processor for the damage suffered. (2) A data controller who is involved in processing shall be liable for the damage caused by processing which contravenes this Act, but a data processor shall be liable for the damage caused by processing where the data processor has not complied with the obligations of this Act specifically directed to data processors or where the data processor has acted outside or contrary to lawful instructions of the data controller. (3) A data controller or data processor shall be exempt from liability under subsection (2) if it proves that it is not in any way responsible for the event giving rise to the damage. (4) Where more than one data controller or data processor, or both a data controller and a data processor are involved in the same processing, and where they are under subsections (2) and (3) responsible for any damage caused by processing, each data controller or data processor shall be liable for the entire damage and compensation to the data subject. (5) Where a data controller or data processor has, in accordance with subsection (4) paid compensation for damage suffered by a data subject, that data controller or data processor shall be entitled to claim from the other data controllers or data processors involved in the same processing, that portion