Drone Regulations

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09 Nov 2023

The legalities of flying drones in Europe

A comprehensive guide to staying within the law

If you plan to fly drones in public spaces in the EU, whether for work or play, it’s essential to understand in advance the applicable regulations.
Over the past few years, drones have gained immense popularity, with many people using them for both fun and profit. They’re perfect for all sorts of things, from aerial photography to commercial surveying. Who knew that flying a drone could be so complicated? If you plan to take your drone out, whether for work or play, it’s essential to understand the applicable regulations. In this blog post, we’ve got you covered with everything you need to know regarding the European UAV laws to keep your drone flights safe and legal, no matter the purpose.

The legalities of flying drones in Europe depend on the regulations of each individual country. However, some general rules and guidelines apply across most European Union member states. The European Union Aviation Safety Agency (EASA) has established regulations that apply to all EU member states. The most recent set of regulations, known as the EU Drone Regulation (2019/947), became effective on December 31, 2020, and replaced the previous national regulations.

Drone Categories

According to the EU Drone Regulation, drones are classified based on their weight and the intended use, and the rules for each category differ.
Open Category
Drones weighing less than 25 kg that are flown for recreational purposes or other purposes that do not pose a high risk to people or property. Drones in this category must follow specific rules, such as keeping a distance of 50 meters from people and 150 meters from residential areas and crowds.
Specific Category
Drones that do not fit into the open or certified category, and the rules are tailored to the specific drone and its intended use.
Certified Category
This is for drones that weigh more than 25 kg or are flown in high-risk environments, such as near airports. Drones in this category must be certified by the relevant national authority and follow strict rules.

In addition to EASA regulations for drones, individual EU member states may have their own specific regulations. It’s important to check with the relevant national authority in the country where you plan to fly your drone to ensure that you comply with all drone safety guidelines

Drone restrictions in Europe

Commercial drone regulations in the EU classify operations based on the level of risk involved, and different requirements apply to each category. Let’s get deeper into details for each category:
Open Category
Specific Category
Drones in the Specific category have more stringent requirements than those in the Open category
Certified Category
Drones that weigh more than 25 kg or are flown in high-risk environments, such as near airports and have to comply with stricter rules compared to drones in the open and specific categories
It’s important to know which category your drone falls under, as the regulations vary depending on the category.

Drone surveillance laws in Europe

Drone surveillance laws in Europe are governed by various regulations and laws related to data protection and privacy, as well as aviation regulations.
The use of drones for surveillance purposes is generally subject to the same data protection and privacy laws that apply to other forms of surveillance. This means that drone surveillance must comply with the European Union’s General Data Protection Regulation (GDPR) and other national data protection laws.
Under the GDPR, drone surveillance must be necessary and proportionate to achieve a legitimate aim. It must also be carried out in a transparent manner and with appropriate safeguards to protect the privacy of individuals.
In addition to data protection and privacy laws, drone surveillance in Europe is subject to aviation regulations. Depending on the nature and scope of the surveillance, a drone operator may need to obtain specific authorizations or certifications from the national aviation authority.
Some of the critical considerations for drone surveillance in Europe include:

What are the no-flying zones for drones in Europe

There are several no-fly zones for drones in Europe that are generally consistent across many European countries. These include:
Airports
It is illegal to fly drones within 5 kilometers of an airport or other aviation facility.
Restricted and Prohibited Areas
Drones are not allowed to fly in military installations, national parks, and other restricted or prohibited areas.
Urban Areas and Crowds
Drones cannot be flown over urban areas or crowds of people without specific authorizations.
Sensitive Infrastructure
Drones are prohibited from flying near sensitive infrastructure such as power plants, government buildings, and communication towers.
Temporary No-fly Zones
Authorities can establish temporary no-fly zones in areas where public safety or security is at risk, such as during a major event or emergency.

Drone registration requirements in Europe

Drone registration requirements in Europe vary depending on the drone’s weight and the country where it will be flown.
Generally, if a drone weighs more than 250 grams, it must be registered with the national aviation authority in the country where it will be flown. Some countries may also require registration for drones that weigh less than 250 grams.
The process for drone registration can also vary depending on the country. In some cases, registration can be done online, while in others, it may require an in-person visit to the National aviation authority or a designated registration center.
When registering a drone, you may need to provide information such as the make and model of the drone, the weight of the drone, and your personal information as the drone operator.
In addition to registration, some countries may also require drone operators to obtain a remote pilot certificate or other certification, depending on the type of drone and the intended use.

Drone privacy laws in the EU

Drone privacy laws in the EU are mainly governed by the European Union’s General Data Protection Regulation (GDPR), which sets out specific requirements for collecting, processing, and storing personal data, including data collected by drones.
Under the GDPR, any data collected by a drone that relates to an identified or identifiable individual is considered personal data and must be protected accordingly. This means that drone operators must ensure that the data they collect is processed legally, fairly, and transparently and that individuals have the right to access and control their personal data.
In addition, drone operators must take appropriate measures to protect the privacy of individuals when collecting data, such as using appropriate technical and organizational measures to prevent unauthorized access or disclosure of personal data.
The GDPR also requires drone operators to conduct a data protection impact assessment (DPIA) if their drone activities are likely to result in a high risk to the privacy of individuals. A DPIA involves assessing the potential impact of drone activities on the privacy of individuals and implementing appropriate measures to mitigate any risks.
Finally, addition to the GDPR, some EU member states may have additional laws or regulations governing drone privacy.

Takeaway

In summary, flying a drone in Europe can be a thrilling experience, but it’s essential to do so safely and within the law. By following the rules and regulations set out by EASA and individual EU member states and respecting the privacy of others, we can all enjoy the fantastic capabilities of drones without putting ourselves, others, or property at risk.
So, before we wrap up, let’s talk about something interesting. Do you think any drone rules in your country need a bit of a makeover to keep up with the latest drone tech? And what do you reckon the future of drones and regulations will be like? Leave your thoughts in the comments section below.

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