DLA Piper Drones Presentation 25 January 2016

www.dlapiper.com 0Monday, January 25, 2016
Monday, January 25, 2016
LEGAL ISSUES - DRONES IN
UAE
Eamon Holley
Legal Director, Dubai

1 Context 3
2 Some legal issues 8
3 Annex A: the small print 21
Agenda

 One of the largest international law firms
 Offices in each GCC country, 100+
lawyers
 Tier 1 Technology, Media and Telecoms
legal practice in the Middle East
 Team of recognised experts in our
respective fields, including telecoms,
technology, media, outsourcing,
intellectual property
 Legal 500; Chambers and Partners;
Who's Who Legal
Introduction – who we are
Eamon Holley
Legal Director
T: +971 4438 6293
eamon.holley@dlapiper.com
Mohamed Moussallati
Legal Consultant
T: +966 11 2018900
mohamed.moussallati@dlapiper.com

 Dubai Smart City
 AED 2 billion innovation fund
 UAE's National Innovation Strategy
– 7 sectors - renewable energy, transport,
education, health, technology, water and space
– 4 tracks:
1. New and amended legislation
2. Develop government innovation by new
practices, reduce spending by 1% and use it
on research and innovations
3. Encourage private sector innovation to
establish research centers, adopt new tech,
develop new products and services
4. Education
Innovation

Pro's
‘‘Drones can capture
clear images of
crowds during
sporting events,
thus preempting
any misconduct
and putting an end
to incidents of
stadium violence
Brigadier Ahmad Khalfan
Al Mansouri
’’
 Advancing technology
 Affordability and availability
 Uses
– crime fighting and civil services (Dubai/Abu Dhabi
Police)
– surveillance (e.g. Dubai Customs)
– conservation (Wadi Wurayah – "Wadi Drone")
– commercial
– recreational

 safety
– collision with persons, property, vehicles,
aircrafts
 citizen concerns
– invasion of privacy and family life
– collection of images (surveillance,
monitoring, mapping and video recording)
 economic
– commercial aircraft disruption/delays
– reports: air traffic at Dubai Airport brought to
standstill
 environmental
– noise pollution in previously unaffected areas
 security
– used as weapons, delivery of weapons etc.
and Con's…..
‘‘Flying drones fitted
with cameras in
residential areas is
a punishable
offence as per the
Federal Criminal
Code. Such acts
breach privacy of
people and
threaten their
lives..
Brigadier General
Mohammad Nasser Al
Razzuqi,
Asst Director-General of
the Department of
Transport and Rescue,
Dubai Police
’’

Just a few issues to consider…
Drones
GCAA
regulation
Disruption to
Commercial
Air Services
Privacy
Risk of
Injury/
Property
Damage
Allocation
of
Liability
Employer
Vicarious
Liability
Accident/
Incident
Reporting
Insurance

Private use:
Commercial / State use:
GCAA Registration and Approvals
Cat. 1A (5kg and less) Cat. 2A (more than 5kg
and less than 25kg)
Cat. 3A (25kg or more)
GCAA registration > ½ kg GCAA registration (all) + form + security
clearance before operation
GCAA registration (all) + form + security
clearance before operation, applicant ≥ 21
years of age
Cat. 1B (5kg and less) Cat. 2B (more than 5kg
and less than 25kg)
Cat. 3B (25kg or more)
GCAA UAS registration + GCAA e-service
UAS operating approval + GCAA security
approval when equipped with
camera/scanning/surveillance equipment

Disruption to commercial aircraft services
GCAA UAS Regulations (2015) - Operation of Unmanned Aerial Systems
(UAS) within the UAE
 Category 1A
– no operation within 5km of UAE airport outer fence, heliports, helicopter
landing sites, airfields and clear of control zones
 All categories (1, 2 and 3, A and B)
– not in Controlled Airspace
– give way to other aircrafts, landing on hearing/sight of other aircrafts
– avoid collisions
 All commercial categories (1B, 2B and 3B)
– up to 4,500ft AGL
– segregated areas (+ GCAA UAS approval and segregated airspace
approval)

Civil Aviation Law (1991)
Aircraft equipped with aerial photographic apparatus shall not fly over the UAE, without prior
authorisation of appropriate authorities (Article 9)
GCAA Regulations (April 2015) (Operation of Unmanned Aerial Systems (UAS) within the
UAE)
 Private use
 no use of video/image capturing devices
 no harassing of others
 no operation on "congested areas" (without GCAA permission): "any area of a city, town or
settlement which is substantially used for residential, industrial, commercial or recreational
purposes"
 Commercial use
 GCAA security permission before using camera or other scanning/surveillance equipment
Privacy

Privacy
Penal Code (1987)
 offence to "prejudice the privacy of [an] individual or family life"
– eavesdropping, recording or transmitting a conversation
in private place
– taking or transmitting "by any device of any kind
whatsoever a photo of a person in a private place"
Copyright Law (2002)
 prohibits "keeping, showing, publishing or distribution" of
photographs of others without consent
 limited exceptions (provided no prejudice to individual(s)
suffered):
– publication relates to public events
– photograph pertains to persons of official/public capacity
or celebrities
– permission by authorities in public interest

Privacy
Cyber Crime Law (2012)
 Using a computer network or electronic information system or
any IT means for the "invasion of privacy of another person"
(unless permitted by law) as follows:
– eavesdropping, interception, recording, transferring,
transmitting or disclosure of conversations or
communications, or audio visual materials;
– photographing others or creating, transferring, disclosing
copying or saving electronic photos;
– publishing news, electronic photos, scenes, comments,
statements or information even if true and correct

Injury to the public/
property damage
UAE Civil Code (1985)
- liability to make good harm
– "No harm shall be done, nor harm
done in return" (Art. 42)
– "Harm shall be made good" (Arts. 42
and 282)
– Compensation for harm suffered =
natural result of harmful act (Art. 292)
– Obligation to make good damages to
property (in kind or pay value) (Art.
300)

Allocation of liability: Who's to Blame?
Remote pilot?
 GCAA UAS Regulations (2015)
– Remote pilot responsible for avoiding collisions, and shall not
harass/endanger people/threaten to damage property
Manufacturer?
 Terms and conditions? Exclusions of liability for damage/death/injury
 UAE Civil Code, Art. 296:
– "Any condition purporting to provide exemption from liability for a harmful
act shall be void."
Employer?
 Vicarious liability for actions of employee

Vicarious liability
Potential application to drone operators
and employees
 UAE Civil Code (Article 313(1)(b))
– person (X) may be liable for actions of
another person (Y)
– X has actual control over Y by way of
supervision and direction
– Y has caused damage
– Y is subordinate to X in or by reason of
execution of his duty
– "but for" test: Dubai Court of Cassation
case (2006)

Vicarious liability: "but for"
Dubai Court of Cassation case (2006)
 pizza restaurant vicariously liable for employee
 employee assaulted child on delivery shift
– decision:
– employee and pizza restaurant liable
– "but for" the deliveryman being employed to deliver pizzas, he would not
have been able to perform the harmful act
– attack occurred during course of employment
UAE = civil law jurisdiction
 no judicial precedent
 judge's discretion
DIFC
 employer liable for act of employee in course of employment
 UNLESS employer shows reasonable steps taken to prevent these acts or
them from doing it in the course of employment

Accident and
Serious Incident Reporting
Accidents/incidents to be reported to GCAA:
 Report of Safety Incident (ROSI) (GCAA
website)
 serious incidents: 24 hour telephone line to
GCAA Investigator
Incidents:
 crashes resulting in injury/fatality to a
person/damage to property
 near misses with manned aircraft/UAS
 collisions with buildings/structures
 operation without appropriate GCAA approval
 penetrates controlled airspace (without ATC
approval) or no fly zone
 photograph without security approval
 operation causing public nuisance

GCAA UAS Regulations (2015)
 "The progressive integration of UAS into the national airspace must be
accompanied by reassurance to citizens on the development of measures to
address societal concerns including ….third-party liability & insurance…."
 No explicit insurance obligations in GCAA UAS Regulations (2015), but
insurance obligations do exist for non Model Aircraft with a MTOM of greater
than 20kg, so arguably would apply to drones that have a MTOM of 20kg and
above.
 In any event must be mindful of insurance required by CAAs as well as
obtaining insurance that can cover other liabilities
Insurance

Penalties
ConfiscationFinesImprisonment

Thank you.
Any Questions?

GCAA Regulations (2015)
Operation of Unmanned Aerial Systems (UAS) within the UAE
 In force: 13 April 2015
 UAS classification
– mass (fuel, fixtures, payload, etc.)
– capability: higher performance (e.g. altitude) = greater regulation
– type of operator: private, commercial, government

Six classifications, three categories
Categories and classification
Category Mass User Subclass
1 5kg and less
A
Private
B
Commercial / State
2
More than 5kg
and less than
25kg
A
Private
B
Commercial / State
3 25kg or more
A
Private
B
Commercial / State

"Private" vs. "Commercial / State Use"
 "Private Use" = private leisure and sport purposes
 "Commercial / State Use" = commercial purposes including but not limited to
parcel delivery, surveillance, security/safety, environmental monitoring, etc.

and less than 25kg)
Segregated areas (approved by GCAA), not
in Controlled Airspace
Not in Controlled Airspace, within flying
clubs/allocated zone (unless otherwise
approved by GCAA)
approved by GCAA)
years of age
Minimum equipment requirements (direct
radio control, frequency band restrictions), all
components in working order
radio control, frequency band restrictions)
Altitude not above 400ft + visual line of sight Altitude not above 400ft + visual line of sight Altitude not above 400ft + visual line of sight
No operation in congested areas and flying
over public/private properties
No operation near public/private properties No operation near public/private properties
No dropping of articles from UAV No dropping of articles from UAV No dropping of articles from UAV
No use of video/image capturing devices No use of video/image capturing devices No use of video/image capturing devices
Avoid collisions with people, property,
aircrafts, etc. and not harass or endanger
others or their property
Only day time operation
No operation within 300m of any person
(200m during take-off/landing), vessel,
vehicle, structure
No flying within 5km of airport outer fence,
helic. sites, etc., give way to other aircrafts,
landing on sight/hearing
Private use (Category A)

and less than 25kg)
Segregated areas (approved by GCAA), not
in Controlled Airspace
approved by GCAA)
approved by GCAA)
years of age
Altitude not above 400ft + visual line of sight Altitude not above 400ft + visual line of sight Altitude not above 400ft + visual line of sight
No operation in congested areas and flying
over public/private properties
No operation near public/private properties No operation near public/private properties
No dropping of articles from UAV No dropping of articles from UAV No dropping of articles from UAV
No use of video/image capturing devices No use of video/image capturing devices No use of video/image capturing devices
Only day time operation
No operation within 300m of any person
(200m during take-off/landing), vessel,
vehicle, structure
No flying within 5km of airport outer fence,
helic. sites, etc., give way to other aircrafts,
landing on sight/hearing
Private use (Category A)

Commercial / State Use (Category B)
and less than 25kg)
Not in Controlled Airspace, permitted in
Uncontrolled Airspace up to 4,500ft AGL, in
segregated areas subject to GCAA UAS
approval and segregated airspace approval
radio control, frequency band restrictions,
transponder mode C), all components in
working order
GCAA security permission before using
camera or other scanning/surveillance equip.
Give way to other aircrafts, landing on
sight/hearing of another aircraft

Commercial / State Use (Category B)
and less than 25kg)
radio control, frequency band restrictions,
transponder mode C), all components in
working order

DLA Piper Drones Presentation 25 January 2016

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