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The Data Act and agricultural data: what changes for platforms in 2026 and 2027

The Data Act, Regulation (EU) 2023/2854, applies since 12 September 2025. Its design obligation covers connected products placed on the market after 12 September 2026, and from 12 January 2027 data processing services, software as a service included, may no longer charge for switching. For agricultural data it explicitly cites the code of conduct on agricultural data sharing by contract.

Published
Author
The Phoeniks team
Category
Regulation
01

The dates#

  • 12 September 2025: the regulation applies (Article 50).
  • After 12 September 2026: products placed on the market must be designed for access to the data they generate (Article 3(1)).
  • 12 January 2027: no more switching charges for data processing services (Article 29); recital 81 includes software as a service.
02

What it says about farm data#

Recital 14 names agricultural machinery. Recital 25 cites the code of conduct on agricultural data sharing by contract and gives databases on crop yields for the upcoming harvesting season as an example of what a data holder should not build from a user's data. Article 4(13) forbids the data holder from deriving insights about the economic situation, assets and production methods of the user.

03

Open public data is a different regime#

Implementing Regulation (EU) 2023/138 on high-value datasets covers geospatial, Earth-observation and meteorological categories: they are available from 9 June 2024, free of charge, in machine-readable format and through application programming interfaces. The Common Agricultural Policy regulation (EU) 2021/2116 sets, among other things, a land parcel identification system at 1:5,000 scale with a unique identifier (Article 68).

04

How Phoeniks handles rights#

  • Each source carries its declared licence, frozen when the data is retrieved and read again whenever it is distributed.
  • A buyer-ready release is refused while the rights on a source are unresolved.
  • Personal data stays out of shared outputs, and a removal request can be filed from the site.
05

Sources#

  • Regulation (EU) 2023/2854 (Data Act): https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32023R2854
  • European Commission, Data Act page (updated 2 July 2026): https://digital-strategy.ec.europa.eu/en/policies/data-act
  • High-value datasets, questions and answers: https://digital-strategy.ec.europa.eu/en/faqs/high-value-datasets-hvds-questions-and-answers
  • Regulation (EU) 2021/2116 (Common Agricultural Policy financing and monitoring), Articles 67 to 70.
  • Phoeniks release notes, V1 (17 October 2026): https://phoeniks.org/en/release-notes/v1

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