View the world from above: Mountains, lakes, cities - everything pin-sharp and in high resolution. Today, any hobby film-maker can use drones to take extraordinary pictures and publish them on the internet. But are you allowed to do that? And what are the rules for filming and flying?
You can get a drone for as little as 200 francs, and for 1000 francs you can take high-resolution photos and film in 4K. All of this can be conveniently controlled via smartphone. No wonder more and more people in Switzerland own a drone, but not all pilots know the applicable rules and regulations. Hobby pilots are often on thin legal ice, especially when it comes to aerial photography. The use of drones is regulated by the Data Protection Act (filming and photography) and the legal framework for civil aviation (flight regulations). A new drone regulation should have come into force at the beginning of 2021, but its adoption has been delayed.
Uniform drone legislation has been in force throughout the European Union since 1 January 2021. As Switzerland has fully adopted European aviation law since 2002 as part of the Bilateral Agreements, the new drone regulations would actually have come into force in Switzerland on this date. Actually? Because model aircraft would also have been affected by the law, a motion was submitted - and accepted. As a result, the old law for drones and model aircraft still applies in Switzerland. Danny Schmid is Key Account Manager for Dronedefence at Swisscom Broadcast and has been working intensively on the topic of drones for over six years. Nevertheless, he recommends familiarising yourself with the EU regulations at an early stage:
«It's definitely worth taking a look at the EU's new drone legislation. Sooner or later, the most important points for drones will also apply in Switzerland.»
Danny Schmid, Key Account Manager Dronedefence at Swisscom Broadcast
What regulations apply in this country - and possibly in the future? An overview of the most important points.
In Switzerland, aircraft weighing between 250 grams and 25 kilograms do not require special authorisation for visual flight. Most commercially available drones for private individuals fall into this category. However, EU drone regulations also require pilots to complete a test. For the smaller models, an online training course followed by a test is sufficient; for the larger drones, a remote pilot certificate with a theory test and a self-declared practical part is required. Children under the age of 12 are not allowed to fly drones. In addition, the EU has required registration for every drone since January 2021. This deprives pilots of their anonymity and is intended to help prevent dangerous flight manoeuvres. In Switzerland, there is also a drone register organised by the Swiss Association of Civilian Drones - although drone registration is voluntary. "However, it would also make sense for drone pilots in Switzerland to have to register," says Schmid. "Because how else can they be held accountable for incorrect behaviour?"
Switzerland already has very clear restrictions on drone flights in the vicinity of airports: Their use is generally prohibited within a five-kilometre radius of an airstrip. This also applies to small airfields, such as those used by gliders. Larger airports such as Zurich, Bern and Geneva also have a control zone. These zones with flight restrictions also cover practically the entire urban areas of larger Swiss cities. The Swisstopo drone map provides a detailed overview. Some drone manufacturers have built prohibited areas directly into their aircraft. With this geofencing, the drone stops when it encounters a "virtual fence".
As soon as a drone is used to film or take photographs, the Swiss Data Protection Act comes into play. In principle, the following applies: no one may be photographed or filmed without consent if they are recognisable in the image. In addition, the persons filmed must be expressly informed if these images or films are stored anywhere or even published.
The stored data must of course be adequately protected from unauthorised access in accordance with the Data Protection Act. Even when flying over private property, there is no free flight path: the drone must fly so high that no people are recognisable in the footage. These legal provisions also apply if, for example, an estate agent takes aerial photographs of a property that is being advertised for sale. Even if you want to photograph a social event - such as a wedding - from the air, you must maintain a safe distance from uninvolved persons. This varies depending on the weight of the drone. Any person who has not explicitly given their consent is considered a bystander. The legal basis for drone recordings is explained in detail on the website of the Federal Data Protection Commissioner. It is therefore almost impossible to comply with all these laws and make a live stream - i.e. a direct transmission - on the internet. Only streams from a great height guarantee that no personal rights are violated. Many drone pilots are probably not even aware of this.
Are all these drone regulations really necessary or excessive? Danny Schmid thinks they make sense. "I see parallels with car traffic: when the first cars appeared, there was no driving licence, right of way or traffic lights. There were so few vehicles on the road back then that it worked without them. But today, nobody doubts that traffic rules are essential to avoid devastating chaos on the roads." Drones can also be misused for negative purposes, for example to smuggle drugs, for (industrial) espionage or even for terrorist purposes. These so-called non-cooperative drones also require a corresponding network of laws.
With the relatively small number of drones in the airspace to date, strict rules could be largely dispensed with. But more drones are being added every month, and the trend is rising. "And that is precisely why we now need better, internationally harmonised regulation."
