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The EU Data Act under the microscope

As of March 2026

  • Prof. Dr. Wolfgang Büscher, University of Bonn
  • Dr. Katharina Dahlhoff, Haus Düsse Research and Training Centre
  • Dr. Adriana Förschner, Baden-Württemberg Agricultural Centre
  • Dr. Jernej Poteko, Bavarian State Institute for Agriculture
  • Prof. Dr. Ralf Waßmuth, Osnabrück University of Applied Sciences

  • Dr. Rebecca Simon, Landesbetrieb Landwirtschaft Hessen
  • Saskia Markmann, Landesbetrieb Landwirtschaft Hessen
  • Leonie Schnecker, Landesbetrieb Landwirtschaft Hessen

  • Dr Paul Vogel, Noerr Partnerschaftsgesellschaft mbB

Side note: The EU Data Act under the microscope

German law therefore does not recognise ‘data ownership’ in this sense. Nor have copyright law or data protection law (GDPR, processing of personal data) been able to regulate rights to data per se; instead, they have only covered specific types of information in isolated cases, without, however, conferring a position of exclusivity as is the case with ownership. Due to the lack of legal provisions, manufacturers generally established contractual arrangements (private autonomy) – often via their General Terms and Conditions (GTC) – granting themselves extensive rights regarding the data. Farmers thus lacked the means to access data relating to their farms that was stored, for example, in the manufacturer’s cloud. 

 

Note: Comprehensive data ownership

One problem with the concept of comprehensive data ownership is determining the criteria according to which data ownership should be assigned.  

Example: The data belongs to the person who generates it!

  • AMS: The system generates the data automatically; does that mean the data belongs to the device manufacturer?
  • If employed milkers record the data, does that mean the data belongs to the milker?

In this case, the data would only belong to the farmer if he recorded it himself during milking. This approach seems neither sensible nor practical.

Whilst the General Data Protection Regulation (GDPR) has been in force since 2018 and focuses primarily on the storage and processing of personal data, there has so far been no cross-sectoral legislation governing the handling of machine data.  In many cases, this involves non-personal data to which the GDPR does not apply. This is precisely where the EU Data Act comes in. It applies to all connected products and digital services (associated with such products) that collect and transmit data – and places the rights of users at the centre. Since 12 September 2025, the EU Data Act has been largely applicable. This EU regulation, which forms part of the European data strategy, is intended to remedy this situation and to enable and simplify users’ access to data they help to generate. 

The EU Data Act grants users (e.g. farmers) a right of access to data. This applies to any devices and software that qualify as connected products. These are products and services which, firstly, can collect data on their use or environment via sensors and, secondly, have the capability to transmit data – for example, to a cloud – via an interface.

What does the EU Data Act stipulate?

  • Users must actively request the right of access to data from the data controller (often, but not necessarily, the manufacturer).
  • Data must be provided by the data holder in an interoperable and machine-readable format.
    • Please note: This right applies exclusively to raw data and any data that must be supplemented; the data holder is under no obligation to process or validate the data. → Alarms or warnings detected by an algorithm (e.g. heat detection alarms) or the basis for calculation / the algorithms themselves are not covered by the Data Act and therefore do not need to be made available. The claim relates solely to data readily available as it is generated during the use of the product or service.
  • Data controllers or manufacturers must provide valid proof as to why data cannot be disclosed; a simple reference to trade secrets is no longer sufficient in this context (although a confidentiality agreement may be required).
  • Users can not only demand that the data owner disclose the data to them directly. Users may also request the direct disclosure of data to third parties.
    • Looking ahead – for products and services placed on the market after 12 September 2026: Manufacturers will be obliged to make data available via an interface so that users can download it themselves (accessibility by design) --> Direct access to raw data
      • Applies only to new devices (from the cut-off date)
      • Implementation of the interfaces remains at the discretion of the respective company, but the provision of the data must be guaranteed. If, for example, the establishment of a direct interface is not technically possible, the manufacturer may continue to fulfil its obligations by way of the right of access to data (see above).
  • In future, the data owner (often the manufacturer) will require the permission of users (e.g. farmers) to process non-personal data. A data licence agreement will be concluded for this purpose.
  • Manufacturers will often already incorporate such a licence into the terms and conditions of a purchase, leasing or rental agreement for a connected product or into the terms of use for a related service.

Further information from the BMLEH on the EU Data Act

Contracts relating to agricultural data from connected agricultural machinery

The EU Data Regulation – Brief information for the agricultural sector

Non-binding model terms and conditions from the BMEL for use in business transactions