Recital 13a

Data generated through the use of connected products used in primary economic activities, such as agriculture, forestry, fisheries and aquaculture, simultaneously reflect the technical functioning of the product and the economic activity of the user. In the former respect, they may contain elements covered by the trade secrecy of the manufacturer or the service provider; in the latter respect, they constitute competitively sensitive information for the user, in that they reveal, among other things, processing times, quantities of inputs used, the geolocation of production units, actual yields and other operating parameters. The mechanism for refusing to share data protected as trade secrets with third-country entities, provided for in Articles 4(8) and 5(11) of Regulation (EU) 2023/2854, as amended by this Regulation, should ensure that both aspects are protected. To that end, where a request for access concerns data that reflect the user’s economic activity, the data holder shall inform the user in advance of the request received and of the action it intends to take; the user shall have the right to request the triggering of the refusal mechanism in respect of the data relating to that user. The distinction between the technical dimension of the product and the dimension relating to the user’s economic activity may be the subject of guidance from the Commission, adopted after consulting organisations representing users in the relevant sectors.

Data generated through the use of connected products used in primary economic activities, such as agriculture, forestry, fisheries and aquaculture, simultaneously reflect the technical functioning of the product and the economic activity of the user. In the former respect, they may contain elements covered by the trade secrecy of the manufacturer or the service provider; in the latter respect, they constitute competitively sensitive information for the user, in that they reveal, among other things, processing times, quantities of inputs used, the geolocation of production units, actual yields and other operating parameters. The mechanism for refusing to share data protected as trade secrets with third-country entities, provided for in Articles 4(8) and 5(11) of Regulation (EU) 2023/2854, as amended by this Regulation, should ensure that both aspects are protected. To that end, where a request for access concerns data that reflect the user’s economic activity, the data holder shall inform the user in advance of the request received and of the action it intends to take; the user shall have the right to request the triggering of the refusal mechanism in respect of the data relating to that user. The distinction between the technical dimension of the product and the dimension relating to the user’s economic activity may be the subject of guidance from the Commission, adopted after consulting organisations representing users in the relevant sectors.

Data which has undergone processing, transformation or aggregation involving the application of proprietary analytics, algorithms, or domain knowledge fall within the scope of data that may qualify for trade secret protection under Articles 4(6)-(8).