Drones and remote-controlled aircraft

• Regulation (EU) 2019/945 — unmanned aircraft systems
• Regulation (EU) 2019/947 — rules for operations
• Directive 2014/53/EU — Radio Equipment
• Regulation (EU) 2016/679 — GDPR where cameras record people

Who has to appoint one

Manufacturers outside the Union placing drones on the EU market. Toy drones under 250 grams marketed for children fall under the Toy Safety Directive as well. Anything with a camera that uploads footage brings the data protection side into play, because bystanders are identifiable.

Thresholds and exemptions

Class marking C0 to C4 depends on mass, speed and features. Drones below 250 grams sit in class C0 with the lightest requirements, but they still need CE marking, class identification and, for the operator, registration.

What must appear on the label

CE marking, the class identification label C0 to C4, manufacturer and EU representative details, model and serial number, the maximum take-off mass, and the information notice for the operator setting out the operational limits and the registration duty.

Marketplace fields

Marketplaces increasingly require the class label in the product images, and drones without it cannot lawfully be used in the open category, which makes them commercially dead in the Union.

Documentation you must hold

EU declaration of conformity covering Regulation 2019/945, RED, EMC and RoHS. Technical file, radio and safety test reports, the geo-awareness and remote identification documentation for the applicable class, and the manufacturer's information notice. On the data side, the Article 30 record, the Article 27 designation and the transfer mechanism for footage stored outside the Union.

Standards and testing

Radio testing under the relevant harmonised standards, electrical safety, battery testing to IEC 62133, and the class-specific requirements including maximum speed, height limitation, remote identification and geo-awareness functions.

Language requirements

The information notice, instructions and warnings in the language of each member state where the drone is placed on the market.

When it applies

Class marking has applied since 1 January 2024 for the open category; drones without it are limited to the legacy subcategories or the specific category, which requires an operational authorisation.

How long records are kept

Ten years for the technical documentation. Data protection records for the life of the processing.

What happens if you do not comply

Withdrawal and customs refusal for missing class marking. Separately, operating an unmarked drone in the open category is an offence for the user, which destroys the resale proposition. Camera footage of identifiable people processed without a lawful basis brings GDPR exposure on top.

Who enforces it

National aviation authorities and market surveillance authorities, radio regulators, and data protection authorities for the footage.

Where the boundary lies

Three regimes converge here: product conformity under 2019/945, operational rules under 2019/947 which bind the user rather than the seller, and the GDPR where the camera records people. A toy drone for children adds the Toy Safety Directive.

Questions we are asked

Is a sub-250 g drone exempt?

It is class C0 with lighter requirements, not exempt. It still needs CE marking, class identification and a declaration of conformity.

Do we need a GDPR representative for a camera drone?

If your app or cloud processes footage of people in the Union, yes: that is monitoring and processing of personal data by a controller outside the Union.