Privacy Law Library

Agricultural Data Privacy Act

Nebraska Agricultural Data Privacy Act

Data security · Location · Other

Enacted as sections 1-11 of LB525 (2026), this law declares farmers the owners of agricultural data from their farms, land, devices, and equipment. Ag-tech companies get only a nonexclusive right to use the data to provide authorized services and may not sell it without the producer's separate express written consent. It also requires reasonable data security and, from 2027, a no-sale clause in new contracts.

Where
Nebraska
Citation
Neb. Rev. Stat. 87-1401 to 87-1410
Status
In force
In force since
2026-07-18
Enforced by
Nebraska Attorney General (exclusive; actions in Lancaster County district court)
People can sue
No
Penalties
Injunctive relief or a civil penalty of $1,000 per separate violation (87-1408(1)). Before seeking penalties for contract or security violations, the Attorney General must give written notice and a 45-day cure period; no cure period for unauthorized sales (87-1409).
Applies to
  • Controllers and processors that collect, store, use, or process agricultural data collected, produced, or generated in Nebraska and linked or reasonably linkable to an identifiable agricultural producer (87-1403, 87-1404)
  • Agricultural data covers agronomic, climate and weather, land (including parcel geospatial data), livestock, management (including finances), and sustainability data; excludes aggregated data, derived data, and data an agency makes public (87-1403(3))
  • Does not affect private contracts in existence before July 18, 2026 (87-1410(3))

Rights it gives people

  • The agricultural producer owns and controls agricultural data originating from its farm, land, devices, or equipment; controllers and processors hold only a nonexclusive right to use it for authorized services, maintenance, or processing, which excludes sale.Neb. Rev. Stat. 87-1404

Practices it requires

  • Do not sell agricultural data without the producer's express written consent, obtained through a clear and conspicuous disclosure separate from the terms of service or data use agreement.Neb. Rev. Stat. 87-1405

Security duties

  • Maintain reasonable administrative, technical, and physical security practices appropriate to the volume and nature of agricultural data held.Neb. Rev. Stat. 87-1407

Other duties

  • Every new contract involving collection or processing of Nebraska agricultural data must state that the controller or processor may not sell the data without the producer's express written consent; waivers are void.Neb. Rev. Stat. 87-1406 · From 2027-01-01

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Operative date July 18, 2026 is taken from the Legislature's statute page annotation; the 2026 revisor effective-date table (datelist2026.pdf) was not yet published (404).

Research reference, not legal advice.