Civil Drones: Legal Framework and Liability

The civil drone market has seen spectacular growth. Leisure use, aerial photography, agriculture, surveillance, delivery: applications are multiplying. The legal framework has grown in parallel to govern an activity that poses real risks to safety and privacy.

TL;DR

• EU Regulation 2019/947 unified the applicable regime as of December 31, 2020.
• Three operational categories: open, specific, and certified.
• Any drone weighing more than 250 grams must be registered.
• The operator's civil liability is strict; criminal liability is frequently engaged.

The Regulatory Architecture

EU Regulation 2019/947

In force as of December 31, 2020, this regulation replaced national regimes with a common framework. It distinguishes three operational categories:

1. Open category: low-risk operations, no prior authorization required, subject to strict weight, distance, and zone conditions.
2. Specific category: higher-risk operations requiring prior authorization or declaration based on a risk assessment.
3. Certified category: very high-risk operations (transporting persons, overflying crowds), subject to certification equivalent to that required in traditional aviation.

French Transposition

Several national texts supplement the European framework:

• the Orders of 18 December 2020 on the use and design of unmanned aircraft;
• Article L6111-3 of the Code des transports on the definition of civil aircraft;
• the Order of 3 December 2020 on the use of airspace.

Restricted zones (dense urban areas, airport environs, sensitive sites) can be consulted on the DGAC's Geoportal.

Operator Obligations

Registration

Any drone weighing more than 250 grams must be registered. All professional operators must register regardless of weight. The identification number must be visibly affixed to the aircraft.

Training

For open category subcategory A1/A3, a free online training course is sufficient. For subcategory A2 (flight near people), an examination is required.

For the specific category, additional certifications are required depending on the scenario.

Flight Rules

"Technical flight rules change regularly. A professional operator must maintain active monitoring: restricted zones, maximum altitudes, safety distances, mandatory equipment."

The main applicable rules:

• maximum altitude of 120 meters above ground level in the open category;
• maintained within line of sight (except in specific scenarios);
• minimum distance from people depending on subcategory;
• prohibition on flying over gatherings of people;
• compliance with regulated zones (airports, sensitive sites, national parks).

Civil Liability

The operator bears strict liability for damage caused on the ground by their drone. Article L6131-2 of the Code des transports applies to drones the special aviation liability regime.

This liability can only be excluded by proof of the victim's own fault. Civil liability insurance is mandatory for all professional uses and strongly recommended for leisure use.

Typical incidents:

• collision with property (vehicle, facade, window);
• a drone falling on a person;
• damage to another aircraft (an increasingly frequent incident near airfields).

Criminal Liability

Standard Offenses

Article L6232-4 of the Code des transports punishes with one year's imprisonment and a fine of 75,000 euros the operation of an unmanned aircraft in violation of air traffic rules.

Article L6232-5 punishes with six months' imprisonment and a fine of 15,000 euros the failure to register.

General Criminal Law Offenses

A drone pilot may also face charges for:

• endangering the life of another person (Article 223-1 of the Code pénal) where a serious risk is created for others;
• involuntary manslaughter or bodily harm in the event of a personal injury accident;
• invasion of privacy (Articles 226-1 of the Code pénal and 9 of the Civil Code) where images are captured without authorization;
• GDPR violations for processing personal data without a legal basis.

Image Capture Issues

This is one of the most frequent areas of litigation. Because drones can capture images from vantage points otherwise inaccessible, they raise fundamental questions about the boundary between private life and public space.

The Criminal Image-Capture Offense

Article 226-1 of the Code pénal punishes with one year's imprisonment and a fine of 45,000 euros the act, using any means whatsoever, of fixing, recording, or transmitting the image of a person located in a private place without that person's consent.

A terrace, garden, or balcony constitutes a private place. Overflying and capturing images by drone is treated the same as any other capture technique.

The GDPR

Any processing of identifying data (faces, license plates) requires a legal basis (consent, legitimate interest, public interest task). The obligations of data minimization, transparency, and security apply in full.

The data protection authority (CNIL) has published a specific guide for drone operations, which constitutes the practical reference framework.

Stakes for Professional Operators

DGAC Authorizations

Depending on the operational scenario, prior authorizations may be required. Assembling the file (risk analysis, operations manual, mapping) is burdensome but indispensable.

Contractual Compliance

Contracts with clients must specify:

• the respective responsibilities of the parties;
• the authorizations obtained;
• the conditions of use for images;
• the insurance coverage.

Record-Keeping

Every professional flight must be documented in detail: authorizations, flight parameters, any incidents. This documentation is required by the DGAC and may prove decisive in litigation.

In Summary

The use of civil drones is now governed by a dense body of law combining EU law, national law, criminal law, and data protection law. Understanding this framework is a prerequisite for any serious operation.

The firm advises professional operators and defends individual and professional users involved in incidents or administrative proceedings.