The Impact of the EU’s AI Act and Data Act on Digital Farming Technologies

This paper examines the impact of the European Union”s Artificial Intelligence Act (AIA) and Data Act (DA) on digital farming technologies, focusing on their legal and regulatory implications. First, the paper delves into the AIA risk categorisation, highlighting how various digital farming AI systems may be categorised based on factors such as their type, function, capability and size, as well as the potential risks they pose to health, safety, and fundamental rights. It identifies two legal shortcomings concerning manipulation and interactive AI systems. Second, the paper assesses the provisions of the DA, focusing on the potential of the legislation to support farmers in accessing their data, breaking platform lock-ins, and ensuring transparency on how their data is used.