In brief
- Regulations concerned: NIS2, GDPR.
- Food supply security is a matter of sovereignty.
- For important entities, NIS2 provides for up to €7M or 1.4%.
- Security is the common thread: NIS2 (production systems, cold chain, logistics) and GDPR security share a common foundation.
Regulatory deadlines
The key dates of the regulations applicable to your sector.
May 2018
RGPDEntry into application
In forceJanuary 2023
NIS2Entry into force (EU directive)
In forceOctober 2024
NIS2Transposition deadline (EU)
In force2026
NIS2French transposition (Resilience Act)
In forceWhy the 'Agri-food' sector is concerned
Food supply security is a matter of sovereignty. NIS2 classifies the production, processing, and distribution of foodstuffs among important entities, beyond size thresholds: the sector must secure its systems, including industrial ones (production lines, cold chain).
Agricultural and industrial digitalisation generates data: sensors, connected tractors and equipment, monitoring tools. The Data Act opens access to this data for the operator, a key issue of independence from equipment manufacturers.
GDPR applies to employee, customer, and commercial relationship data. AI used in production (sorting, quality control, optimisation) most often falls under limited risk, unless it plays a safety role in equipment.
NIS2 — security in the food industry
NIS2 classifies the production, processing, and distribution of food products among important entities, beyond the size threshold. The sector must deploy risk management measures, secure its industrial systems (production, cold chain, logistics), and notify incidents.
The security of the supply chain, which is highly ramified, is a key challenge.
Key obligations
- Risk management measures (art. 21) IT/OT.
- Security of production systems and the cold chain.
- Notification of significant incidents.
- Supply chain security.
GDPR — employees, clients, commercial relationships
Sector players act as data controllers for employee, customer (distribution, loyalty) and commercial relationship (B2B) data. Records of processing, legal bases, security and retention periods are mandatory, with particular attention to on-site video surveillance.
Key obligations
- Processing register (HR, clients, commercial).
- Legal bases and information.
- Video surveillance of sites regulated.
- Security and retention periods.
Data Act — connected agriculture and industry
Connected agricultural and industrial equipment (tractors, sensors, production lines) generates data to which the Data Act opens access for the operator, with the possibility of sharing. This is a key issue for independence from manufacturers and for the development of services (precision farming).
Key obligations
- Operator access to equipment data.
- Sharing with designated third parties.
- "Data access by design" concept (manufacturers).
- Revision of service contracts.
AI Act — production and quality control
AI used for sorting, quality control and production optimisation most commonly falls under limited risk. It may become high-risk if it constitutes a safety component of equipment subject to machinery legislation.
Key obligations
- Classify AI uses (often limited risk).
- Check the possible role of a security component.
- Transparency where applicable.
Comparative overview of regulations
| Regulation | Scope | Flagship obligation | Max. Penalty |
|---|---|---|---|
| NIS2 | Important entity | Production security + supply chain | €7 M / 1.4 % |
| GDPR | Accountable | Register + security | 20 M€ / 4 % |
| Data Act | Operator / manufacturer | Access to equipment data | By State |
| AI Act | Deployer | Often limited risk | €35 M / 7 %* |
How these regulations interact
Security is the common thread: NIS2 (production systems, cold chain, logistics) and GDPR security share a common foundation. Food traceability, also required by sector-specific law, relies on information systems whose protection NIS2 strengthens.
The Data Act and AI are most relevant on the production side: access to equipment data (operator independence) and AI uses that are generally low-risk, except where they form a safety component of a machine.
Application timeline
- 1GDPR. In force.
- 2Data Act. Majority of obligations applicable from 12 September 2025.
- 3AI Act. Prohibitions since February 2025; high-risk depending on the equipment.
- 4NIS2. French transposition under way; anticipate for the sector.
Applicable penalties
For important entities, NIS2 provides for up to €7M or 1.4%. GDPR up to €20M or 4%. Data Act: national sanctions. The risk has a public health and supply dimension: an incident can halt food production.
Reputation is particularly sensitive in the food sector: a cyber incident or data breach amplifies consumer distrust.
Compliance roadmap
- 1Securing production and supply chain. Deploy NIS2 measures across production systems, the cold chain, and logistics.
- 2Securing GDPR processing activities. Register, legal bases, video surveillance, retention periods.
- 3Opening up equipment data. Implement Data Act access rights for operators.
- 4Qualify AI. Verify the role of production AI systems (often limited risk).
- 5Steer. Involving management, appointing DPO and CISO.
How Data Comply One supports the sector
Data Comply One covers GDPR, AI Act, NIS2 and DORA on a single platform, with outsourced DPO and CISO services, and supports the agri-food sector on NIS2 security and access to data from connected equipment.
DCO offers tailored templates (NIS2 IT/OT measures, register, video surveillance framework).
Frequently asked questions
Yes: the production, processing and distribution of foodstuffs qualify as important entities above the threshold.
Detailed guides by regulation
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