Drones
The European regulations governing drones have applied in Switzerland since 1 January 2023. What does this mean for professional drone operators and amateur drone pilots? Interview with Philipp Eder, Head of Drones & Robots at Swisscom Broadcast.
When a technology becomes firmly established over time, it also requires corresponding regulations. Due to the rapid development of drone technology, the European Union Aviation Safety Agency (EASA) began work on comprehensive European drone regulations back in 2015. Switzerland was also actively involved in this work – but when the EU introduced the new regulations, Switzerland was unable to follow because of a motion. However, it was only ever a matter of time before Switzerland would also adopt the European drone regulations. And that has now happened.
Absolutely. Standardised, cross-border legislation like this is the only way. Drone pilots can now fly throughout the entire airspace of the EU according to the same rules without having to constantly check the laws that apply locally. Since the certificate is valid for both Switzerland and the EU, it also means there are no additional costs. The new regulations also allow the cross-border transfer of drone technology and thus establish the basic conditions for the growth of the drone industry.
A new distinction is made between the three categories “open”, “specific” and “certified”. The certified category applies to high-risk drone operations, such as the transport of persons or hazardous goods. To date, no drones requiring certification are operated in Switzerland or the EU; these proposals are still being developed. Most amateur pilots operate drones in the “open” category. They must pass an online test and the minimum age is 12. In addition, drones in the “open” category may not climb higher than 120 metres, must remain in visual contact at all times and must be officially registered and marked.
Drones fall into the “specific” category if they cannot comply with the rules of the “open” category, for example if a drone operation takes place outside direct visual contact or exceeds the maximum flight altitude of 120 metres, or if a drone with a maximum take-off mass greater than 25 kilograms is used. In this case, the risk posed by a complex drone operation must be determined in advance. Various authorisation procedures are available, including the Specific Operations Risk Assessment methods (SORA(opens in new tab)).
The SORA method systematically identifies the risk of complex drone flights in an iterative process. The aim is always to avoid endangering people and objects in the air or on the ground. The applicant decides where, when and how to conduct the drone operation. The Ground Risk Assessment service from Swisscom Broadcast provides valuable assistance with this. Based on anonymised, aggregated mobile phone data from Swisscom in combination with various weather forecasts, the algorithm makes a prediction of the expected density of people in the defined flight corridor at the planned flight time – for any desired date and time. This means that when they plan their routes, drone operators can check the drone will not fly over areas that exceed the maximum permissible number of people.
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Many drones have built-in cameras, which means the Swiss Data Protection Act is relevant. That’s because this legislation states that nobody may be photographed or filmed without their consent if they are recognisable in the picture or recording. If anyone wants to take pictures of a hike with other hikers in the picture, for example, they must ask for their permission first. Even if a landlord wishes to have their house measured by a drone, they must notify the tenants in advance. In addition, the persons filmed must be expressly informed if the images or films are to be stored or published. The stored data must also be adequately protected against third-party access in accordance with the Data Protection Act. The website of the Federal Data Protection and Information Commissioner (FDPIC) includes a detailed explanation of the legal basis for drone photography(opens in new tab). Every drone pilot and drone operator must be familiar with these requirements.
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More information is available on the FOCA website latest information (admin.ch) (opens in new tab)
Philipp Eder is Head of Drones & Robots at Swisscom Broadcast. Mr Eder, 33, has an MBA from the Swiss Federal Institute of Technology, Lausanne and a bachelor’s degree in electrical and communications engineering from Bern University of Applied Sciences. Starting from a strong technical basis (systems engineering, technical project management, ICT architecture) Mr Eder’s career has evolved to focus on the development and market launch of efficiency-enhancing innovations.
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