EU Data Act Addendum

Effective: March 2026

This Addendum forms an integral part of the hexafarms Terms of Service and applies to Customers subject to Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data (EU Data Act).

1. Definitions

For the purposes of this Addendum, the following definitions apply in addition to those set out in the Terms of Service:

  • EU Data Act means Regulation (EU) 2023/2854 on harmonised rules on fair access to and use of data, as amended from time to time.
  • Data means any data generated through the Customer's use of the hexafarms Services and products, including sensor data, environmental data, crop data, and any data derived from or related to connected hardware devices operated at the Customer's premises.
  • User means the Customer as the user of connected products and related services within the meaning of Article 2 of the EU Data Act.
  • Data Holder means hexafarms as the entity that has the right to make available the Data generated by the Customer's use of the Services, within the meaning of Article 2 of the EU Data Act.
  • Third Party means any natural or legal person other than the User or the Data Holder to whom the User requests access to Data pursuant to Article 5 of the EU Data Act.

2. Scope and Applicability

  1. This Addendum applies where and to the extent that the EU Data Act applies to the contractual relationship between hexafarms and the Customer. In case of conflict between this Addendum and the Terms of Service, this Addendum shall prevail with respect to EU Data Act obligations.
  2. hexafarms operates connected products (including hardware sensors and gateways) and provides related services that generate Data through the Customer's use. This Addendum governs the rights and obligations of the Parties with respect to such Data in accordance with the EU Data Act.
  3. Nothing in this Addendum shall be construed to limit hexafarms' rights to use Data as set out in the Terms of Service, to the extent such use is consistent with the EU Data Act.

3. Customer Data Access Rights

  1. In accordance with Article 4 of the EU Data Act, hexafarms shall make available to the Customer, easily, securely, and where relevant, in real-time, the Data generated by the Customer's use of the hexafarms platform and connected hardware devices. Such Data is accessible to the Customer through the hexafarms Software platform (hexafarms.app).
  2. hexafarms shall provide the Customer with the Data in a commonly used and machine-readable format. Where technically feasible and agreed between the Parties, hexafarms shall provide access via API or other appropriate data access interface, as set out in the Order Form or agreed separately.
  3. hexafarms shall not use contractual terms, technical measures, or any other means to prevent or restrict the Customer from accessing the Data generated by the Customer's use of the Services.
  4. hexafarms shall make available to the Customer, prior to the conclusion of the Contract, clear and sufficient information about the Data that will be generated, the means by which the Customer may access such Data, and any technical and other conditions applicable to such access.

4. Data Sharing with Third Parties

  1. In accordance with Article 5 of the EU Data Act, hexafarms shall, upon the Customer's request, make Data available to a Third Party designated by the Customer. Such request shall be made in writing and shall identify the Third Party and the scope of Data requested.
  2. hexafarms shall make the Data available to the designated Third Party under fair, reasonable, and non-discriminatory terms, and shall not impose conditions that create barriers to effective access.
  3. hexafarms shall not be required to make Data available to a Third Party where:
  • doing so would create a serious risk to the security of the hexafarms Services or hardware, including connected products;
  • the Data contains confidential information of hexafarms or third parties, including trade secrets, and adequate technical and organisational measures to preserve confidentiality cannot reasonably be implemented;
  • the Third Party has not provided sufficient assurances regarding the protection of the confidentiality of the Data; or
  • applicable law prohibits or restricts such disclosure.
  1. Where hexafarms declines a request on the grounds set out in Article 4.3 above, it shall notify the Customer in writing without undue delay, providing reasons for such refusal.
  2. Any agreement between hexafarms and a Third Party regarding access to Data shall be consistent with the Customer's rights under the EU Data Act and shall not impose terms that are less favourable to the Customer or the Third Party than required under applicable law.

5. Trade Secrets and Confidentiality

  1. Where Data constitutes or contains trade secrets of hexafarms within the meaning of Directive (EU) 2016/943, hexafarms shall take all necessary measures to preserve the confidentiality of such trade secrets before making the Data available to the Customer or any Third Party. hexafarms shall clearly identify data that it considers to be a trade secret prior to disclosure.
  2. The Customer undertakes to implement appropriate technical and organisational measures to maintain the confidentiality of any trade secrets disclosed by hexafarms as part of a Data access request.
  3. hexafarms shall not use the protection of trade secrets as a means to systematically withhold Data from the Customer where no genuine trade secret is at stake.

6. Data Portability and Export

  1. Upon termination or expiry of the Contract, or upon the Customer's written request at any time during the Term, hexafarms shall provide the Customer with a complete export of all Customer Data in a commonly used, machine-readable, and interoperable format within a reasonable period, not exceeding 30 days from the date of the request.
  2. Such export shall include all Data generated through the Customer's use of the hexafarms Services that has been retained by hexafarms at the time of the request, subject to applicable retention periods as set out in the Terms of Service.
  3. hexafarms shall not charge additional fees for providing Data exports in accordance with this Section, unless the volume or frequency of export requests creates a disproportionate burden, in which case hexafarms shall notify the Customer and agree on appropriate arrangements.

7. Obligations of Third Parties Receiving Data

  1. Where Data is made available to a Third Party at the Customer's request pursuant to Section 4 of this Addendum, hexafarms shall ensure that such Third Party:
  • uses the Data only for the purposes agreed with the Customer and in accordance with the EU Data Act;
  • does not use the Data to develop products or services that compete with the hexafarms Services;
  • implements appropriate technical and organisational measures to protect the Data against unauthorized access, use, or disclosure;
  • does not transfer the Data to further third parties without the Customer's consent, except as required by applicable law; and
  • deletes or returns the Data upon the Customer's request or upon expiry of the agreed purpose.
  1. hexafarms shall incorporate these obligations into any agreement concluded with a Third Party regarding access to Data.

8. Compensation

  1. Access to Data by the Customer as set out in Section 3 of this Addendum is included in the Subscription Fee and shall not give rise to additional charges.
  2. Where hexafarms makes Data available to a Third Party at the Customer's request pursuant to Section 4, hexafarms may charge a reasonable compensation to the Third Party, not exceeding the costs incurred by hexafarms in making the Data available, plus a reasonable margin. Such compensation shall not be charged to the Customer.
  3. Compensation arrangements for Data access shall comply with Articles 8 and 9 of the EU Data Act and shall be fair, reasonable, and non-discriminatory.

9. Technical and Organisational Measures

  1. hexafarms shall implement and maintain appropriate technical and organisational measures to:
  • ensure the security and integrity of Data generated through the Customer's use of the Services;
  • enable the Customer to access Data in a timely, secure, and user-friendly manner;
  • facilitate Data sharing with Third Parties in accordance with this Addendum and the EU Data Act;
  • prevent unauthorized access to Data by hexafarms personnel or third parties; and
  • maintain an audit trail of Data access requests and disclosures where technically feasible.
  1. hexafarms shall notify the Customer without undue delay in the event of any unauthorized access to, or disclosure of, Data that may affect the Customer's rights under this Addendum.

10. Updates to this Addendum

  1. hexafarms may update this Addendum from time to time to reflect changes in applicable law, including amendments to the EU Data Act or related regulatory guidance. hexafarms will notify the Customer of any material changes in advance in accordance with the amendment procedure set out in the Terms of Service.
  2. The current version of this Addendum is available at hexafarms.com/data-act.

11. Governing Law

  1. This Addendum is governed by the same law and jurisdiction as the Terms of Service, i.e. German law, with exclusive jurisdiction of the courts at the seat of hexafarms in Berlin, Germany.
  2. Nothing in this Addendum shall be construed to limit or restrict any rights of the Customer under the EU Data Act or other applicable mandatory law.

hexafarms GmbH · Friedrichstraße 114A · 10117 Berlin · Germany

contracts@hexafarms.com · hexafarms.com/data-act