A few years ago, drones were more of an interesting technological accessory. Today, they are becoming standard working tool used in industry, transport, construction, agriculture, but also in legal and administrative practice. But once a drone weighs more than 250 grams and moves in the built environment, it also begins to come into play aviation law.
However, with increasing expansion comes the question: What legal framework applies to the operation of drones and what obligations do their users have?
Legal framework for drone operations in the EU and the Czech Republic
The basis of the legal regulation is European Union Regulation No. 2019/947a European Union Regulation No. 2019/945, which unify the rules for operation of unmanned systems throughout the EU, where drones fall.
In the Czech Republic, the scope is supplemented by Act No. 49/1997 Coll., on civil aviation (hereinafter "Civil Aviation Act"), a implementing regulations of the Civil Aviation Authority (hereinafter"CU").
The operation of unmanned systems in Europe is divided into 3 main categories according to the degree of risk:
- Open category – low risk, typically hobby flying or simple commercial activities;
- Specific category – higher risk operation that requires operating permit from the Customs Office;
- Certified category – high-risk operations (e.g. transportation of people or heavy loads); requires drone, pilot and operator certification.
Drone operator registration
Now let's outline the process of registering a drone operator:
- Registration is mandatory unless otherwise stated,
- it is carried out at the Customs Office, pursuant to Section 54a of the Civil Aviation Act,
- in progress online on the ÚCL portal, an e-identity (NIA) is sufficient to log in,
- After registration, you will receive a unique identifier that must be used to identify all of the operator's drones and any remote identification systems (so-called remote ID).
The operator does not need to registerif the drone weighs less than 250 g and at the same time:
- does not have a camera or other sensor capable of capturing personal data in any way, or
- is a toy. This means a drone that is identified by the basic CE marking and states that it complies with Directive 2009/48/EC (on toy safety).
Pilot competency verification
Anyone who operates a drone must have the appropriate pilot qualification. The legislation distinguishes several levels of required knowledge depending on the risk of operation.
Pilot qualification in the open category
In the so-called open category, which includes most regular flights (recreational or basic commercial operations), the pilot must complete training and a test at the Civil Aviation Authority. After successful completion, he will receive a certificate of competency to operate an unmanned system for subcategories A1/A3, or A2.[1]This confirms that the pilot knows basic safety rules, airspace restrictions, and personal data protection principles.
Pilot qualification in a specific category
For more complex flights in the so-called specific category, for example flights outside direct surveillance or over densely populated areas, it is necessary to have a certificate of competence to control an unmanned system in a specific category of operation.
In practice, we recommend that corporate drone operators, in particular, keep internal records of trained pilots and keep copies of their certificates, which may be useful during administrative inspections or in the event of damage.
Practical use of drones
In practice, drones are used in an increasingly wide range of activities. It's not just about aerial photography, but today they also help with, for example:
- mapping of construction projects and documentation for construction management,
- monitoring of agricultural areas (e.g. precise fertilizer dosing, crop protection),
- infrastructure control (energy networks, transport structures, bridges),
- facade cleaning (more effective and safer solution),
- environmental protection (for example, when monitoring illegal landfills),
- intervention and rescue operations (integrated rescue system, e.g. fire fighting).
A growing trend can also be observed in corporate and legal sphereDrones are used, for example, to proving violations of property rights, construction defects or environmental damage or as a basis for expert opinions.
Personal data protection and privacy
A major legal risk when using drones is Privacy policyIf a drone takes a video or audio recording, personal data is processed according to GDPR.
The operator is therefore in a position personal data controller and must comply with the principles of legality, proportionality and information of the persons concerned.
In practice, this means in particular:
- clear definition of the purpose of processing,
- ensuring data security (e.g. encryption, access restrictions),
- avoiding unnecessary surveying of public spaces or neighboring lands,
- in some cases even management record of processing activities.
If the drone is taking pictures private space (e.g. gardens, house windows), it may be infringement of personal rights according to Section 81 et seq. of the Civil Code. It is therefore essential to carefully evaluate whether the legitimate interest of the operator or the right to privacy prevails.
Liability and insurance
Every drone operator is responsible for damage caused by traffic according to Section 2924 of the Civil Code (damage from operational activities). For operations above a certain weight limit or with risk, it is also required compulsory liability insurance according to European regulations.
In practice, this means that even for a small drone it may be appropriate to arrange voluntary insurance in case of damage to property or health of third parties - namely even for hobby pilots.
What the future holds: AI delivery and legal issues
European legislation is preparing a framework for the so-called U space – digital airspace enabling automated and coordinated operation of a large number of dronesThis paves the way for parcel delivery, unmanned inspections, or autonomous flights controlled by artificial intelligence.
From a legal perspective, this raises new questions, such as:
- Who will be responsible for the drone's autonomous decisions?
- How will fault be proven in the event of an accident?
- What space will it get? ethical and legal regulation of artificial intelligence?
záver
Drones are no longer just a technological toy – they have become a common tool for business and public administration. However, their operation requires knowledge of not only technical rules but also legal limits, which protect privacy, safety and operator liability. Anyone using drones – whether in commercial or non-commercial practice – should therefore be clear about when it needs registration, permission, insurance or consent of the affected persons.
Source: Epravo.cz
Do you need legal advice regarding air law? Do you own a drone and want to use it legally? Do you want to use drones for your business and don't know how? We'll advise you!
JUDr. Ing. Jan Vych, attorney and partner
Mgr. Lucie Špičková, Attorney
[1] The "open" category of unmanned systems operation is divided into three subcategories A1, A2 and A3 based on operational limitations, requirements for the remote pilot and technical requirements for the unmanned system.
