Attribution of the underlying rights to derive data (Also referenced as data ownership)
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As a basic principle, when data is produced by an agri-chain operator, the operator is considered the data originator. The right to determine who can access and use the data is attributed to this operator. This does not cover data/information generated by processing this data from multiple orginators (e.g. aggregating), but the provision of data for such purposes should be part of an agreement. For instance, the rights regarding data produced on the farm or during farming operattions are granted to ("owned by") the farmer and may be used extensively by them. The nature and means of collecting different agricultural data leads to different levels of attribution of data rights ("ownership"). Data cannot be owned in the same way as physical assets. It is therefore crucial to set some key principles for agricultural data access and usage rights. The parties (originator, provider, user, third party) should establish a contract clearly setting the data collection and data sharing conditions according to the needs of the contracting parties. Details refering to data sharing must feature in a detailed and exclusive section of the contract, where possible. The contract should acknowledge the right for all parties to protect sensitive information (e.g. IP) via restrictions on further use or processing. Parties may not use, process or share data withouth the consent of the data originator. This Code recognises the data originator's right, whether they are a farmer or another party, to benefit from and/or be compensated for the use of data created as part of their activity. It also recognises the need to grant the data originator a leading role in controlling the access to and use of data from their business and to benefit from sharing the data wiht any partner that wishes to use their data. Therefore, the contract should clearly establish the benefits for the data originator. The originator could be comensated for the value created either financially or by agreed exchange of services, better products, or any other form agreed by both parties. All contracts shall use simple and understandable language in order ot explain the content or be accompanied by an informal document that explains data-related apsects. This contractual agreement should clearly specify: * the most important terms and defintions * the purpose of collecting, sharing and processing the Data * rights and obligations that the parties have related to Data, rules and processes for data sharing, data security and the legal framework in which the data is kept and in which back-ups are stored * the software or the relevant application and information on the storage and use of the agricultural data * verification mechanisms for the data originator * transparent mechanisms for adding new and/or future uses.