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🛫New Drones Law in Europe🛫

On July 1, 2019, the set of specific European rules for Unnamed Aircraft Systems (UAS), commonly referred to as drones, came into force. These rules set out the general principles for ensuring safety, protecting privacy and safeguarding the environment. Let’s see what are the main changes for manufacturers and users.

1. Why a new regulation?

Commission Delegated Regulation (EU) 2019/945 & Commission Implementing Regulation (EU) 2019/947, have been published to ensure drone operations across Europe are safe and secure.

The common rules will help drone operators, whether professional or recreational, to have a clear understanding of what is allowed or not. At the same time it enables them to operate across borders. Once drone operators have received an authorisation in the state of registration, they are allowed to freely circulate in the European Union. This means that they can operate their drones seamlessly when travelling across the EU or when developing a business involving drones around Europe.

In recent years there has been an exponential development of drones with reference to both the technology available and the possibilities of use. Initially exploited in the military field, today drones are within everyone’s reach, and are increasingly used for recreation and leisure time.

But it is in the commercial field that we find the maximum variety of purposes for which a drone can be used: filming in movie sets, outdoor light shows (as an alternative to traditional fireworks), search and rescue operations, field watering, window cleaning in height and delivery in a short time, are just some of the activities that currently see the use of drones in different countries of the world, and thanks to the versatility of these machines the development of new models and areas of application proceeds rapidly.

In England, for example, researchers are developing drones capable of independently inspecting and repairing holes in the streets. And in the near future, drones will certainly be used for public transport, as the “Urban Air Mobility” project supported by the European Union, which is encouraging private initiatives for the creation of “flying taxis”, and which already has Audi and Airbus as partners.

As a fact, according to the European Commission, the drones industry could create about 150,000 jobs in the EU by 2050.

In this scenario, a significant number of national aviation authorities have started issuing new aviation safety standards to regulate the use of drones in national airspace. However, to ensure legal certainty and consistency across the EU and in the design of a “Single European Sky”, the European Commission proposed on 7 December 2015 a revision of the EU legislative framework to be ready for the challenges beyond 2020. The result of this proposal was the Regulation (EU) 2018/1139, thanks to which the European Union can regulate the civil operations of all types of drones, gradually replacing the national regulations on civil operations of drones weighing less than 150 kg.

Recital 26 of the Regulation expressly states that, since drones use the same airspace as manned aircraft and are equipped with technologies that make a wide range of operations possible today, they must be subject to the same general rules on civil aviation regardless of their mass.

2. What do the new rules say? Privacy and environmental protection obligations

Regulation (EU) 2018/1139 sets out the general principles for ensuring security, protecting privacy and safeguarding the environment.

These rules are proportionate and risk-based, designed to reduce constraints and encourage innovation. For example, sport and recreational aviation, including so-called model aircraft (recreational drones), is subject to simplified procedures compared to those applicable to commercial air transport. On the other hand, operations with high-risk drones are more burdensome for operators.

To ensure safety, the Regulation states that all drones must be controllable and manoeuvrable in total safety and never put people at risk. For example, drones must be equipped with collision avoidance systems.

In addition, all drones should be designed taking into account a privacy by design and by default approach. The risks to privacy and data protection are essentially related to the availability on the UAS of cameras or other sensors that are able to record personal information. As pointed out by the Article 29 Working Party (now known as the European Data Protection Board), the risks are increased by the lack of transparency, due to the difficulty of being able to see the drones from the ground and to know for what purposes the images are taken and especially by whom.

Therefore to protect privacy, and more generally in order to identify offences and violations, the Regulation provides that the drones’ pilots shall be registered in national registers and drones shall be registered in electronic databases that are easily accessible.

To guarantee the protection of the environment, new limits are placed on the noise and emissions generated, as in the case of any other aircraft.

Finally, the Regulation extends the mandate of the EASA (the European Aviation Safety Agency), giving it new powers of inspection, coordination with national authorities, certification tasks and implementation powers, to strengthen the development of a so-called “single European sky”, which now also affects drones of all sizes. The EASA will also play an important role in cybersecurity.

This post is co-authored by my brilliant colleague Ludovica Mosci who is an outstanding expert of drones regulation. 

 

For more info drop me a line via Twitter –  Fb or Telegram  

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🌌The real Privacy Black Hole

When science fiction and privacy come together

As you may have seen, scientists have finally been able to capture the first-ever picture of a black hole.

This basically means that there is a point where time and space collapse and it confirms the relativity theory by Einstein. Time travel could not be just science fiction after all.

I think that this extraordinary discover deserves attention more than another #TechnoLawgy doc (my daily #LegalDoc digest on LinkedIn and Telegram), however thinking about it reminded me of an old vintage privacy video by the European Parliament.

This video expresses the EU will and purpose before the introduction of the GDPR: plumbing the Personal Data BlackHole empowering individuals through enhanced transparency and new rights to gain and exercise real control over their data.

Some years have passed and I believe there is still a lot to do for really enabling a sustainable data driven society. The Privacy Revolution started by the GDPR has brought some massive awareness on the data protection topic and now it is up to us, tomorrow’s lawyers and regulators, to find a way to surf the real Privacy BlackHole.

Don’t miss my Telegram channel @TechnoLawgy for the latest #Privacy and #TMT news!

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👍Canadian guidelines on privacy consent and Malta blockchain cybersecurity guide 🔐

How to acquire privacy consent straight? How to deal with blockchain cybersecurity issues? Let’s find out… Continua a leggere

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📧#GDPR: come aggiornare la firma delle email📧

Come tutti sappiamo il 25 Maggio 2018 è finalmente diventato direttamente applicabile il GDPR. Si tratta di un aggiornamento molto importante in tema di Privacy e Protezione dei dati personali, un vero e proprio update 2.0. Negli altri articoli parlo di quali sono i cambiamenti principali e come adeguarsi.

Ecco di seguito un utile suggerimento per iniziare ad adeguare la firma della propria email  (anche alla luce del decreto 101/2018 che recepisce il GDPR e modifica il caro vecchio Codice Privacy)

Continua a leggere

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🔥CES 2019: #Privacy is the buzzing trend🔥


🎡#Privacy: data protection plays a key role at CES 2019

Among taxi drones, bread baking bots, foldable TV screens and underskin sensors to monitor health functions, the 2019 Las Vegas Consumer Electronic confirms to be one of the hottest tech-related events of the year.

Newcomers and worldwide leading producers “compete” during this global stage where next-generation innovations are introduced to the marketplace.

The top trending topics of this year are:

  • AI-based applications, ranging from IoT wearable systems to self-driving vehicles to improve smart-cities circulation efficiency;
  • 5G networks, drastically improving electronic communications potential bringing new opportunities for tech industries and major benefits for TMT service providers; and
  • Privacy and cyberscurity, as after 2018 worldwide legislative impact and major data protection scandals ICT players are striving to build a privacy compliant reputation towards consumers to maintain (or avoid losing) market trust.

Most notably Apple’s giant AD in Las Vegas ” What happens on your iPhone stays on your iPhone ” does not come completely out of the blue and instead can be considered as the natural outcome of a global trend.

Tech companies are adopting a “Privacy by cool” approach, which hopefully would not just serve as new marketing weapon, but underlines the urge for organizations across the globe not only to adopt privacy compliant data handling practices, but also to prove that such practices are effectively implemented and are part of the company’s culture.

In this sense adopting a privacy by design proactive approach is fundamental for companies willing to be able to address the inconsistent regulations across multiple jurisdictions and overcome the technical limits in order to meet the markets’ needs while looking ahead toward regulations yet to come.

If you are interested in this topic don’t miss our previous posts: “🤳INFLUENCER: FIRST INCUBATOR ON INFLUENCERS TO OPEN IN ITALY   and “🎬 #MEDIA: UPDATED AUDIOVISUAL DIRECTIVE ADOPTED BY EU “.

For more info drop me a line via Twitter –  Fb or Telegram  

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📃💻Fatturazione elettronica e privacy: le novità rilevanti alla luce dei provvedimenti del Garante

Dal primo Gennaio 2019 la fatturazione elettronica è ufficialmente obbligatoria anche tra privati, ma negli ultimi due mesi ci sono state numerose novità dovute all’intervento del Garante per la protezione dei dati personali: nuovi esoneri e una serie di adeguamenti da porre in essere a carico dell’Agenzia delle Entrate per conformarsi alle regole del nuovo Regolamento privacy europeo n. 679/2016 (GDPR). Continua a leggere

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⚕️#Health&Privacy: i dati sulla pelle sono dati sensibili?

I dati sulla tipologia di pelle sono dati sensibili sulla salute che necessitano di un apposito consenso privacy ai sensi del GDPR? Non sempre. Continua a leggere

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🇪🇺 🇬🇧 BREXIT privacy consequences: EU says no adequacy decision is coming

OK, we all know how the GDPR impacts personal data transfer outside EEA, so …will Brexit make it harder to exchange data with U.K.? Continua a leggere

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Sanzioni Privacy ridotte ai 2/5 del minimo edittale: il Garante spiega come

COSA?

Il 19 Settembre 2018 è ufficialmente entrato in vigore il decreto legislativo 101/2018  che ha coordinato le vecchie norme nazionali in materia di privacy con il GDPR, ed ha introdotto la possibilità di una definzione agevolata dei procedimenti sanzionatori pendenti.  Continua a leggere

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GDPR: Pubblicato il decreto di integrazione!

Dopo la lunga attesa finalmente è stato pubblicato il decreto di implementazione del GDPR.

Occorrerà aspettare il consueto periodo di vacatio legis prima dell’entrata in vigore.

Qui il link al testo in Gazzetta Ufficiale.

 

 

Resta aggiornato sui prossimi articoli seguendomi su Twitter @Tommyricci05 e su Fb 

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