Przegląd Prawa Rolnego, 2016 Nr 2 (19)

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Browsing Przegląd Prawa Rolnego, 2016 Nr 2 (19) by Author "Martínez, José"

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    Chancen und Risiken der Digitalisierung in der Landwirtschaft – die rechtliche Dimension
    (Wydawnictwo Naukowe UAM, 2016) Martínez, José
    The digitisation of agriculture marks a new era in the development of agriculture. It allows communication between machines and automated processing and evaluation of data without human interposition. It opens up new possibilities for agriculture, but it also entails economic and legal risks. For this reason, a cautious approach is still taken in Germany when it comes the use of new techniques in agriculture. The legal risks relate to the follow-ing topics: the protection of personal and, above all, company-related data, provided that these are not classified as business secrets. Here, the protection of the company data is selective and only applied in individual cases. The assignment of the right to use the data is also problematic because in German civil law a concept of the ‘property’ of data does not exist. The intellectual property right protects only works of intellectual creation, not the mere fact data or geographic data from the farm. Significant problems also arise with regard to the allocation of declarations of intent produced by machines as well as with regard to the liability for errors in the collection or evaluation of the data. The European and na-tional legislators are currently unable to provide adequate solutions, as this area is still under development. These issues ought to be agreed by and between interested parties in the form of a bilateral contract.