business Continued from page 43 farm data to a third party, it remains on the incorporated laptop. Heupel also notes there are software differences between equipment lines. This makes sharing of data between equipment brands on farm difficult if not impossible. This then would require a third party to analyze the data before returning the accumulated data to the farmer at a cost. Heupel is currently addressing this issue and has already developed a bridge which allows Lexion and JD equipment to understand and utilize the data generated by each other. Farmobile (www.farmobile.com) is a U.S. farm data technology startup which is also offering farmers an alternative to data collection and storage by the major manufacturers. It provides a plug-in module which constantly monitors machine performance. It offers more monitoring parameters than found on the major equipment lines. Furthermore, all data is encoded in a personalized electronic farm record which only the farmer can access. Most interesting, Farmobile is currently assessing sales opportunities for farm data. In the future, farmers who use Farmobile for data collection may be able to actually sell any or all of their data privately to a third party. At this point, the market value of real-time farm data is unknown, but at least one farmer is involved in the beta testing and believes there is the potential of a solid revenue stream. Farmobile offers its services in Canada and has a number of prairie farmers testing its module. Granular (www.granular.ag) is another technology startup which provides farmers with greater control over their data. It is also focusing on whole farm
management with the data rather than strictly agronomic and production. Granular is also pursuing the marketability of farm data. This is a natural progression given that the CEO of Granular, Sid Gorman, was the lead for strategy and new business development at Nielsen, the global marketing research firm for media and consumer goods. Personally, I am astounded at farmers who are rigidly opposed to the agricultural census of Statistics Canada yet who do not even question what data their equipment is providing to manufacturers and possibly others in real time. Many farmers are still resisting 20th century collection of a mole hill of outdated information while ignoring the mountain of real-time data which their equipment is automatically sharing with private industry. Farmers need to address this issue now! First, farmers need to understand the value of data to their farms, and they need to see why we must protect that data the same way we would protect any other asset. Second, farmers need to realize that farm data also has value to others and could even be used against them, and it must be protected against unauthorized use. Third, we need to agree on ownership and use of our data by any third party before allowing our data to be collected on our behalf. Fourth, if we are unable to reach a data agreement with the company, we need to consider alternatives. This is a rapidly growing field and there are new players entering the industry. Finally, we need to view data as potential saleable product of the farm and see if there is a market for the information. Why are we giving valuable information away when it properly belongs to us, and only to us? CG
Considerations for a Data Contract Dr. Joan Archer, a partner in the food and agri business division of the international law firm Husch Blackwell suggested the following points to consider when drawing up a contract for protecting precision agriculture data; • Who “owns” the data (farmer, landowner, service provider(s))? • Who “owns” collective data? • What types of data are covered (soil, weather, applications, pests, water flows, genetics, etc.)? • What data can and can’t be used, and in what circumstances can data be withheld? • What data can and can’t be used for • Data access — what guarantees are provided? • What data can and can’t be shared and with whom (NDAs, subpoenas and related notice provisions)? • Term and termination rights • What happens to data upon termination? • Can data be transferred?
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• Risks/indemnities — who assumes liability for mistakes, data breach or release, data corruption and error, misuse (like market manipulation) etc.? • Equipment obligations — what is needed to handle data? • Privacy/security protection obligations • Licenses needed for software/who owns software downloads/NDAs associated with software? • Who is responsible for any regulatory/ compliance issues? • Data-stream due diligence obligations — check other agreements • Permissibility of data co-op participation • Who is responsible for obtaining and maintaining records on any certifications, such as UAS pilot certifications? • Trademark licenses • The potential impact of mergers and acquisitions
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