Specialised lawyers in Drones in Seville

In Bufete Gamero we offer specialized legal advice in the new branches that are created due to the evolution and changes in society.  One of them are drones or unmanned aerial vehicles (UAV), which for recreational use are also called RPAS.

We advise both companies and operators as well as consumers and individuals about the different issues born of both professional and recreational use of drones.

If you have problems with any of these unmanned vehicles and need a drone lawyer, we can help you. WHY WE? We are expert lawyers in Commercial Law and Air Law, and more specifically in Civil Responsibility and Data Protection (LOPD and GDPR), areas of high specialization in which we work so that you obtain in the shortest period of time an effective and fast advice that benefits Your interests.

          WE HELP YOU RESOLVE YOUR DOUBTS ABOUT DRONES

You can come to see a lawyer in Seville by free appointment, where we will assess your case and we will explain the best strategy to follow, explaining our way of working and the best possible way to proceed for FREE.

We can advise you on the following matters:


​LEGAL ADVICE TO PROFESSIONALS

​We help professionals and operating companies in the following issues

  • Constitution and Registration of Operators in AESA (authorizations and licenses).
  • Advice on Civil Liability coverage with Insurers.
  • Advice for airborne recordings for movies
  • Contracts with pilots: Obligations and responsibilities.
  • Advice prior to all activity.
  • Analysis of the Safety Studies prior to any AESA flight authorization.
  • Procedures before AESA requirements and claims.
  • Breaches of Contracts from the use of drones
  • Civil liability procedures for accidents caused by drones
  • Use of drones for recordings at weddings and social events
  • Complaints against illegal operations and / or operators
  • Use of drones for medical and maritime rescue purposes


​LEGAL ADVICE TO INDIVIDUALS

We help individuals who make recreational or non-professional flights in the following matters

  • Advice on penalties and infractions for the use of drones.
  • Prior advice for the use of preventive drones, authorizations and permits.
  • Problems related to drones: permitted airspaces, controlled flight limits in Spain.
  • Types of drones allowed
  • Drone liability: damages to third parties and judicial files and proceedings for civil liability for drones.
  • Drone insurance for damages to third parties.
  • Use of drones at weddings and family events
  • Legal defense before procedures in aeronautical matters.
  • Rights of privacy and honor, and aerial image taking.


 DRONES PROCEDURAL LAW

  • Civil liability procedures for drone damage
  • Claims before insurance entities
  • Negligence and damage from drone use: civil lawsuits and proceedings
  • Claims and sanction procedures for drone use
  • Procedures for violation of privacy and privacy by taking pictures and videos with drones


​And we also advise you on the following aerospace matters:

  • RPAS in the Single European Sky
  • RPAS protection against drone systems
  • New state, European and international regulations on drones
  • Sports use of drones
  • Drones, privacy and data protection
  • Drones and industrial and intellectual property


Do you need a Lawyer specialized in Drones?

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¿What is a drone?

According to the RAE, a drone is an unmanned aircraft, and its origins refer to the military use of ships without a pilot. Today two terms are used: the UAV (for military use) and the RPA (for commercial or domestic use).

RPA refers to the unmanned aerial vehicle and the person who controls said device and the controls themselves (remote control). However, not all drones are configured as UAV or RPA, since there are some that are not manned or managed, but instead perform automated movements or tasks. Therefore, it is necessary to point out this concept.

Therefore, RPA refers to remotely piloted ships.

¿What can be legally done with a drone?

You should know that there is no closed list of permitted activities, but there are some limitations that affect its use:

  • Do not fly over buildings
  • Do not make night flights if the ship weighs more than 2kg.
  • Do not fly within a radius of 8km around any airport or airfield
  • Do not fly in controlled airspaces
  • Do not fly over people 

However, these activities can be done with a DRON:

  • Fly unpopulated areas: with a limit of 120 meters above the ground and 500 meters from the pilot (for ships weighing up to 25 kg).
  • Flight in urban areas: with a limit of 120 meters above the ground and 100 meters from the pilot (for ships weighing up to 10 kg). REQUIREMENT: authorization of the interior ministry. 

¿What are the sanctions for breaching the drone regulations??

The AESA (Spanish Aviation Safety Agency) can open a sanctioning file either ex officio or at the request of a party if you fail to comply with the corresponding regulations, being able to file 3 types of fines:

  • Minor penalties: improper use without causing physical or material damage, not being an authorized operator and flying over areas not allowed: between 60 and 45,000 euros.
  • Serious penalties: serious injuries caused by the use of drones: penalties between 45,001 and 90,000 euros.
  • Very serious penalties: deaths or air accidents with very serious consequences; between 90,001 and 225,000 euros.

Can I receive a sanction through a video uploaded to the internet for violating drone regulations??

The AESA (Spanish Air Safety Agency) recently filed a sanction against a drone operator for flying over a protected area where there is a flight ban according to the regulations. In the procedure, the following arguments were admitted:

  • There is not enough evidence to impute the facts to the drone pilot
  • The images and videos obtained on the internet are not proof enough
  • AESA officials did not appear at the scene, so there is no evidence that the rule has been violated.
  • There is also no identification of the complainant.

Therefore, you must remember that while you must always comply with the regulations, you can open a sanction file at any time. But with an adequate legal defense, we can protect your interests and file the procedure, at least in those cases in which it is produced through videos from the internet.