The digital transformation of agriculture is rapidly turning the sector into a highly data-intensive domain. The European Union has responded with a broad horizontal framework encompassing the General Data Protection Regulation (GDPR), the Data Governance Act (DGA), the Data Act, the PSI Directive and the AI Act. However, this framework remains sector-neutral: it does not define ‘agricultural data’ as a legal category, nor does it explicitly recognize the specific position of farmers as data providers. This article pursues three objectives: (i) to map the EU legal and policy framework on data and AI as it applies to agriculture and identify regulatory gaps; (ii) to synthesize key concerns from the literature on agricultural data governance, with particular attention to the position of farmers and data spaces; and (iii) to develop an outline of a Spanish ‘Law on Agricultural Data and Digital Agricultural Services’ as an example of sectoral data legislation. The proposed Act—structured around a Preliminary Title and seven substantive Titles—would define agricultural data, recognize farmers as data providers, establish mandatory contractual protections, govern agricultural data spaces and cooperatives, introduce sector-adapted AI rules, address data sovereignty, and set up an institutional framework and graduated sanctions. The analysis argues that sectoral data law can complement EU horizontal rules, enhance legal certainty, and empower farmers without fragmenting the internal market. The article employs a doctrinal legal analysis and normative design-oriented methodology, drawing on secondary literature, policy documents, and EU and Spanish law; it does not rely on original empirical fieldwork.
RUIZ et al. (Thu,) studied this question.