Drone Law Brief, September–October 2026

India

India’s revised defence-export procedures give domestic orders priority for certain exporters. This section also covers drone delivery enforcement, the Air Force’s capability roadmap and recent consumer orders on online counter-drone listings.

Indian defence orders take priority under revised export procedure

On 27 August 2026, the Department of Defence Production (DDP) revised the export procedure for military items in Category 6 of SCOMET, India’s export-control list. It replaces the September 2025 procedure. Certain general-export applications must now include a written commitment to meet domestic defence orders first.

Under the revised procedure (Appendix V(g), PDF page 64), general-export applicants under paragraphs 2.1 and 2.2 must give a written commitment to meet Indian Armed Forces or defence-organisation demands or orders for the specified items before executing the export order or making the export. Manufacturers should allow for this commitment when planning production and delivery dates.

The revision removes routine Armed Forces consultation. Listed non-lethal items are generally exempt from consultation with the Ministry of External Affairs (MEA) and the Defence Research and Development Organisation (DRDO). Specified military thermal-imaging, night-vision and other electro-optical equipment remain outside that exemption. Some destinations still require MEA consultation. For general exports, complete military unmanned aerial vehicles (UAVs) under SCOMET Category 6A010(c) continue to require MEA and DRDO consultation.

The consultation exemption for exhibition and tender samples now covers all item categories, rather than only listed non-lethal items. Exporters must hold a valid manufacturing licence for the samples. For applications made before a tender is issued, DDP still consults stakeholders and authorises export only after the exporter supplies the tender documents. For demonstrations, the exemption remains limited to non-lethal items. Export authorisation is still required in each case, and DDP may seek stakeholder views.

Restrictions on samples still apply. Exhibition and demonstration undertakings prohibit sales, rentals and leasing. They also prohibit information disclosures that could lead to technology transfer.

Companies exporting controlled technology, software or services must still submit an internal compliance programme and technology compliance plans. They must also describe the technology, know-how or software they intend to share. This includes military-drone software and controlled technical information shared overseas.

Paragraph 4.3 allows a declared sample-return period of up to 12 months from export. The tender and exhibition undertaking still specifies six months. Exporters should confirm the applicable deadline with DDP before relying on the longer period. Proof of reimport must be uploaded within two months of reimport. Where return is infeasible, the procedure calls for a destruction certificate, an end-user certificate, or both, as applicable. Missing evidence can block fresh applications until the exporter supplies it and explains any delay.

For recurring overseas business, the SOP does not require repeat consultation if consultation is complete and the item, service or technology, destination, parties and end use remain unchanged. Export authorisation is still required.

Exporters should check three things before committing to delivery dates: domestic defence orders, the permissions needed for the proposed transaction, and sample-return reporting. A demonstration approval does not authorise sales, leasing or controlled technology transfers.

India expands the Open General Export Licence destination list

India has widened the destination coverage available under its Open General Export Licence scheme, revised by a notification dated 27 August 2026. The scheme allows eligible exporters to make multiple consignments of specified defence items without seeking a separate DDP authorisation for each consignment.

The revised scheme combines three earlier procedures and increases standard licence validity from two to three years. It covers all countries except those facing UN Security Council sanctions or arms embargoes and certain sensitive countries. For eligible long-term contracts with foreign original equipment manufacturers, the licence may run for the term of the contract.

The 27 August notification retains the exclusions for complete UAVs and components specially designed or modified for UAVs under the relevant Category 6A010 entries. DDP may restrict destinations when assessing a licence or later.

Eligible defence suppliers can serve more destinations under one licence. Drone businesses should classify each product before relying on the licence, given the exclusions for complete UAVs and specified components.

DGCA issues show-cause notice over Bengaluru drone deliveries

On 30 September 2026, the Directorate General of Civil Aviation (DGCA) issued a show-cause notice to a remote pilot over a Bengaluru drone operation. The notice followed reports of Skye Air Mobility delivering daily essentials with DTDC and BigBasket. The DGCA alleged that an unauthorised flight had been presented as a visual-line-of-sight (VLOS) trial.

The notice says the take-off and landing points were about 1.62 km apart, in a densely populated area within HAL Airport’s yellow zone. DGCA alleges that the flight went beyond visual line of sight (BVLOS), exceeding the pilot’s VLOS authorisation. It also says the drone’s unique identification number, used in clearance and insurance documents, was not listed on Digital Sky.

DGCA disputes the operation’s eligibility for the research, development and testing exemption under Rule 42 of the Drone Rules, 2021. That exemption applies to specified entities operating in a green zone, within their premises or an open area under their control.

The pilot had 15 days from receipt to explain, with supporting documents, why DGCA should not take action under Rule 50. The notice sets out allegations. No later public decision was identified as at 11 November 2026.

Xboom fined after CCPA's earlier notices to six companies

In February 2026, the Central Consumer Protection Authority (CCPA) issued notices to six e-commerce entities, including Xboom, over listings of restricted anti-drone and jamming equipment without adequate regulatory disclosures.

On 17 September 2026, the CCPA imposed a ₹10 lakh penalty on Xboom. Xboom said the listings invited enquiries from authorised institutional buyers. The CCPA found that public listings amounted to advertising even without a completed sale. Xboom’s agreement with a third-party vendor did not establish the required authorisation or meet its disclosure duties.

The order bars Xboom from listing or promoting the described equipment until it meets the stated conditions. It must obtain and display the required approvals, explain licensing restrictions and penalties, and verify access and supply to government, defence or law-enforcement buyers. It must notify the CCPA of these controls and report compliance within 15 days of the order. The restriction extends beyond the six identified listings. The annexure includes products advertised as passive detectors.

On 5 October 2026, the CCPA imposed a ₹10 lakh penalty on Everse. On 6 October, it imposed the same penalty on Javiat Aerospace. Both orders restrict anti-drone and jammer listings until the specified approval, disclosure and buyer-verification conditions are met.

Counter-drone suppliers should check website listings before offering equipment for sale. Listings should explain who may buy the equipment and which approvals apply. Requirements depend on the equipment’s capabilities. The Xboom order does not establish a blanket ban on passive drone detectors.

DRDO announces industry-access and software-sharing frameworks

On 15 September 2026, the Ministry of Defence announced support for micro, small and medium enterprises (MSMEs) and deep-tech startups, including direct funding, incubation and access to DRDO testing facilities. A separate scheme allows DRDO-developed software source code to be shared securely with licensed industry partners. The announcement identifies drone technology as an area where smaller companies can contribute.

Air Force roadmap gives drone developers a view of future needs

The Indian Air Force opened its first Dronathon at Pokhran on 14 September 2026 to engage with Indian industry and assess unmanned systems under realistic operational conditions.

At the opening ceremony on 14 September, Vice Chief of the Air Staff Air Marshal Ashutosh Dixit released the IAF UAS Roadmap to help industry, academia and research organisations align development with future Air Force requirements.

On 21 October 2026, the IAF followed up with an industry outreach programme in New Delhi and distributed its roadmap booklet. It identified indigenous propulsion, autonomous software, resilient navigation and standardised interfaces as priorities.

Drone developers can use the roadmap to assess how their products align with the IAF’s stated requirements.

Customs tribunal allows release of IZI’s seized drones and parts

Drone manufacturer IZI and IZI Ventures obtained relief from the customs tribunal in Mumbai on 21 April 2026, when it directed the provisional release of their seized goods, subject to an indemnity for the value of the seized goods and a surety bond for an equal amount. The tribunal set aside the order under appeal, which concerned provisional release. The merits of the import dispute remained for adjudication.

India’s drone import policy prohibits imports of complete drones, including fully or partly disassembled drones, subject to specified exceptions. The policy classifies components as “Free” for import licensing purposes, although customs duty may still apply. In this case, Customs treated the seized goods as complete drones. The tribunal found no one-to-one match between the imported parts and complete units. It noted separate consignments, different component quantities, and uncertainty over whether the expert had also examined locally sourced parts.

Manufacturers should keep records that distinguish imported parts from locally sourced components and show the quantities in each consignment. These records can help address claims that parts were imported as complete drones.

CISF’s drone-security role

Home Minister Amit Shah confirmed the Central Industrial Security Force’s (CISF) designation as the nodal agency for drone security at the force’s Raising Day ceremony in Odisha on 6 March 2026. The role sits alongside CISF’s existing responsibilities at airports and critical infrastructure.

Operators of these facilities should account for CISF’s coordination role when planning counter-drone measures.

Andhra Pradesh offers capital subsidy for large advanced air mobility projects

Andhra Pradesh adopted its Aviation Policy 2026 on 6 June 2026, replacing the 2015 policy and including support for advanced air mobility (AAM), its manufacturing facilities and testing infrastructure. AAM refers to transporting passengers or cargo using new aircraft technologies, such as electric aircraft capable of vertical take-off and landing.

The policy provides for testing corridors, prototype vertiports, charging stations, and startup development and testing facilities. AAM units may seek applicable incentives under the Aviation Policy or the AP Drone Policy. They cannot claim twice under the same incentive head. Separate operational guidelines will govern approval and payment.

For large AAM projects, the investment subsidy is 15% of eligible fixed capital investment, paid in five equal annual instalments from the start of operations. Eligible costs cover technology, plant, machinery and equipment, subject to an 80% cap relative to total project cost. Developers need to account for the gap between construction spending and subsidy payments.

United States

US introduces tariffs of up to 100% on drone imports

Additional US duties of up to 100% on specified drones and components took effect on 3 September under a 13 August proclamation intended to reduce reliance on foreign suppliers and expand domestic production.

The 100% rate covers listed drones with a maximum take-off weight above 25 kilograms, thermal-imaging drones, docking stations, and specified components. Listed drones weighing 25 kilograms or less without thermal imaging attract 25%. Components listed in Annex III will face a 25% duty from 9 February 2027. The annexes define the products covered and limit the 100% rate for certain parts, including by their intended use.

The proclamation was issued under section 232 of the Trade Expansion Act of 1962, following a Commerce Department investigation into supply-chain and cybersecurity risks. Products of Japan, South Korea, Taiwan, Switzerland, Liechtenstein, and EU member states have a conditional 15% cap, including the ordinary Column 1 duty, while UK products have a conditional 10% cap. Importers must certify that substantially all critical components and technology originate in the US or one of these partners.

For companies on the specified Blue UAS or FCC lists on 2 September, the September duties are deferred until 180 days after the proclamation’s date for qualifying products on the Blue UAS Cleared List or FCC Conditional Approval List and their components. Companies with approved plans for US production facilities can also obtain section 232 relief on qualifying supply-chain imports and production equipment during construction, within approved volumes.

For orders priced before the duties took effect, the additional cost may raise questions about the allocation of customs duties and rights to adjust the agreed price. These will depend on the contract, while the amount payable will depend on the product’s tariff classification and eligibility for relief.

FCC tightens component checks and online equipment listings

New Federal Communications Commission equipment rules, which took effect on 13 October, restrict approvals for devices containing certain hardware from producers on its Covered List. Online marketplaces will also have to display FCC identification numbers under requirements phased in during 2027.

The component restriction concerns logic-bearing hardware made by a producer individually identified on the Covered List, where the finished device would itself be barred from authorisation if that producer had made it. It can therefore affect a device assembled or branded by another company. Covered List entries based solely on the country of production do not trigger this component rule unless the producer is also individually listed.

The restriction applies to new applications and leaves previously authorised equipment unaffected. Applications pending on 13 October are exempt unless amended later to add, substitute, or change a logic-bearing component. Individually listed entities seeking modifications must apply for full recertification, subject to existing waivers.

From 1 March 2027, marketplaces with physical access to or title over a device must display a valid and accurate FCC ID at the online point of sale. Those handling third-party listings without such access or title have until 1 June. They must verify that the supplied ID was validly issued and obtain the seller’s certification of its accuracy.

The display requirement excludes used devices, listings by sellers outside the statutory high-volume third-party seller category, and listings published before the rule takes effect that are not subsequently amended or updated. The separate prohibition on marketing unauthorised equipment continues to apply. Manufacturers assessing component suppliers and platforms updating listing systems will need to account for these different scopes and dates.

US eases export controls on lower-endurance drones

The United States has eased export controls on certain drones capable of flying for less than three hours, reducing licensing requirements for many civilian aircraft and their associated software and technology.

A Bureau of Industry and Security final rule effective from 13 August raised the national-security endurance threshold to three hours and removed wind-gust tolerance as a control parameter. It builds on interim changes made in January following the President’s June 2025 direction to expedite drone exports. BIS said the earlier controls covered capabilities already widely available in the commercial market. Military end-use and end-user restrictions, sanctions, and anti-terrorism controls continue to apply to the affected aircraft and technology. Drones capable of a range of at least 300 kilometres can remain subject to missile-technology controls regardless of payload. Specified thermal-imaging, laser, and navigation equipment can also keep a lower-endurance drone within national-security controls.

The rule clarifies how military drones outside the US Munitions List are classified and eases controls on specified less-sensitive parts. It also makes certain military drone exports to designated partners eligible for the Strategic Trade Authorization licence exception. This is subject to BIS eligibility approval and a limit excluding aircraft able to deliver at least 500 kilograms over at least 300 kilometres.

For a civilian sale that qualifies, fewer licensing steps may help an exporter fulfil an order more quickly. Establishing eligibility still requires an assessment of the aircraft, software, technology, destination, customer, and intended use.

States challenge nationwide environmental review for drone deliveries

Fifteen US states and Harris County, Texas, asked a federal appeals court on 28 September to set aside the Federal Aviation Administration’s nationwide environmental review for drone package deliveries.

The petition concerns the FAA’s 28 July environmental assessment, finding of no significant impact, and record of decision. The FAA concluded that the proposed operations would not have significant environmental effects if the specified mitigation measures were implemented.

The agency intends to use the assessment when considering individual operators’ applications, although some projects may still require more detailed environmental review. Companies planning new delivery sites could face additional review or delays if the court sets the assessment aside, with the effect depending on how their approvals rely on it.

DOJ sets temporary charging policy for public-safety drone detection

The US Department of Justice has told federal prosecutors to refrain from pursuing specified charges over qualifying public-safety drone detection and tracking carried out before 1 December 2026 by personnel awaiting required training.

The Acting Attorney General’s 12 June memorandum responds to delays in a training programme established under December 2025 counter-drone legislation. According to the memorandum, too few officers had completed the programme to meet public-safety needs ahead of major events. Intercepting or recording drone-related radio signals can engage federal communications restrictions.

The policy covers people working for or with state, local, tribal, or territorial law-enforcement or correctional agencies whose assigned duties include protecting people, facilities, or assets. The detection, identification, monitoring, or tracking must meet the other conditions for statutory authorisation, with completion of the required training being the outstanding condition.

The memorandum tells prosecutors to consider the policy alongside the usual federal prosecution principles. It is an exercise of charging discretion for the specified personnel, conduct, and offences. Its scope is limited to detection and tracking activities, and it provides no general authority for private security operations or for disabling drones.

United Kingdom

CAA withdraws planned changes to drone compliance guidance

On 17 September 2026, the Civil Aviation Authority (CAA) withdrew changes to its drone risk-assessment guidance. These changes were due to take effect on 1 October.

The changes would have introduced revised methods for calculating flight and contingency volumes and ground risk buffers, alongside updated evidence and containment guidance. They also included a route for applicants to claim a lower intrinsic ground risk class through enforced operating-speed limits.

The pre-July acceptable means of compliance and guidance remain applicable. The CAA has said it intends to combine further improvements and industry feedback into a consolidated update in 2027. Operators preparing applications should use the retained material.

CAA sets out test route for drone detect-and-avoid systems

The CAA has set out a supervised route for operators seeking approval to use detect-and-avoid systems on drone flights beyond the pilot’s sight. These systems help drones manage collision risks in airspace shared with other aircraft.

The revised policy concept, published in September, builds on the CAA’s 2024 consultation. A specialist panel will work with each applicant to agree how compliance should be demonstrated, before inspectors assess the supporting evidence. A limited number of applications will be considered during the test phase, with conditions on individual operational authorisations and enhanced oversight of approved flights.

The CAA expects the test phase to continue until approximately the final quarter of 2027, depending on the trial experience gathered. Developers seeking to deploy a system will need to allow time for agreement on the compliance strategy, evidence review and any operating conditions attached to the authorisation.

CAA proposes coordination process for high-seas drone flights

The CAA began consulting on a process under which drone operators would provide advance information about flights over the high seas in the London, Scottish and Shanwick Oceanic flight information regions.

The UK coordinates air traffic in those areas, although its domestic drone authorisations are limited to sovereign airspace. The proposal would treat non-certified drone activity as potentially hazardous to civil aircraft for coordination purposes. Operators would be asked for details including the flight area, altitude, timing and control arrangements, allowing the CAA and NATS to assess whether airspace measures are needed.

The consultation was scheduled to close on 8 November. For offshore operators, the proposed arrangements would make early engagement about flight plans and their interaction with other aircraft part of mission preparation.

UK introduces revised process for airspace changes

The CAA’s revised process for airspace changes took effect on 1 October, with separate procedures for permanent changes, temporary changes and trials. The requirements are intended to reflect each proposal’s scale, complexity and effects.

Version 6 follows the 2025 consultation and updated government air navigation directions and guidance. Permanent proposals retain public consultation, while temporary changes and trials require targeted stakeholder engagement. The separate route for non-permanent changes is intended to make short-term activities and testing easier to accommodate.

The new process applies to proposals commenced after the guidance takes effect and to specified existing proposals under transition arrangements. These include Level 1 and Level 2 permanent proposals that had not passed the consultation gateway. The CAA is writing to sponsors about the process applicable to each project, giving drone and advanced-air-mobility sponsors a basis for planning the remaining consultation or engagement work.

CAA closes consultation on national drone traffic-management framework

The CAA’s consultation on a national drone traffic-management concept closed on 28 August. The proposed framework addresses how services would coordinate drone traffic and its interaction with crewed aircraft, alongside the governance and certification of service providers.

The consultation accompanied a policy concept and proposals for applying and adapting existing air-traffic rules to drone traffic-management and data-service providers. The certification proposals would use the existing regulatory structure to establish safety requirements for these services.

The CAA said it would publish a response summarising feedback and proposed updates after reviewing submissions. Provider certification and service requirements remained under development at the September cut-off, with any binding obligations dependent on subsequent regulatory action.

European Union

EU adds drone incidents to mandatory aviation reporting

New EU reporting rules took effect on 17 August, adding a drone-specific list of safety incidents to the existing aviation occurrence-reporting system.

The list covers aircraft for which a design certificate or declaration is required. Reportable events include safety-threatening command-and-control link failures, inability to broadcast remote or aircraft identification, departures from authorised operating volumes, collisions and near collisions, and abnormal system behaviour caused by information-security incidents.

A separate part of the list applies to remote pilots and operators flying in U-space airspace. It includes breaches of flight authorisations and missing or misleading service information that has or could have endangered an aircraft or person. Affected operators will need reporting procedures that recognise these events and distinguish the aircraft-design conditions from the provisions applying to U-space operations.

EASA proposes registration and identification rules for lighter drones

The EU aviation safety agency has proposed identity checks before drone operators register and a 100-gram registration threshold in the “open” operating category, lower from the current 250-gram threshold. Its 18 September opinion would extend direct remote identification to open-category drones weighing 100 grams or more, subject to proposed relief. The package responds to the European Commission’s February action plan on drone and counter-drone security and awaits Commission adoption.

Open-category registration would use a single mass threshold, replacing the existing criteria based on a 250-gram threshold or the carriage of a sensor capable of capturing personal data. Operators using only tethered drones weighing up to 1 kilogram would remain exempt. Registration in the “specific” category would continue to apply irrespective of mass.

The remote-identification proposals include transitional relief for certain existing drones. Member States would also be able to specify whether the identification requirement applies to aircraft operating under a model aircraft club or association’s authorisation.

The opinion proposes clearer publication of drone geographical zones and national operating conditions. Member States would retain discretion to establish these measures. A risk-assessment safeguard would apply where they address safety, privacy, personal-data protection or environmental risks. Measures addressing security risks would be excluded from that requirement.

EU court adviser says civilian aircraft can qualify as dual-use goods

Civilian aircraft capable of training military pilots can qualify as dual-use goods even when the training is the same as that given to civilian pilots, an adviser to the EU’s highest court said in an opinion on 24 September.

Advocate General Tamara Ćapeta was considering a dispute over Austria’s prohibition on further exports of training aircraft, parts and technology to Myanmar’s air force on human-rights and diversion grounds. She proposed assessing the goods by their physical and technical capabilities at the time of export. Her opinion cited civilian drones and their parts used in combat as an example of products designed for civilian purposes that can be repurposed for military use.

Under her approach, authorities would first establish whether goods are capable of both civilian and military use. Requiring export authorisation for an unlisted item involves a further assessment that can take account of the destination, end-user and diversion risk.

Australia

Australia changes airworthiness requirements for large drones

Australia’s amendments allowing more flexible airworthiness arrangements for large remotely piloted aircraft took effect on 29 September. They allow the Part 101 Manual of Standards to prescribe which large-drone flights may operate without a certificate of airworthiness and the conditions applying to aircraft that hold one. The September change follows the development covered in the July–August edition of the Drone Law Brief.

A subsequent standards amendment, which commenced on 9 October, sets the conditions for flights without a certificate. Before flying, the operator must conduct a risk assessment and be satisfied that the aircraft’s design and construction suit the operation and that the flight would not adversely affect air-navigation safety, including other airspace users and people on the ground or water. The aircraft must carry no occupants.

For an aircraft operating with a certificate, the certificate must be in force and the operator must comply with its conditions and any specified purpose or type of operation. CASA’s separate approval requirement for operating a large remotely piloted aircraft continues to apply.

Australia renews exemption for supervised BVLOS pilots

Australia’s Civil Aviation Safety Authority has renewed an exemption allowing licensed remote pilots to conduct qualifying flights beyond visual line of sight without meeting the specified BVLOS examination requirement. The exemption runs from 1 September 2026 to 31 August 2028.

Pilots must follow the operator’s documented practices and procedures. Ordinarily, a suitably qualified supervising pilot must be at the same location, readily accessible and immediately available to advise and direct the pilot, who must follow those directions. The supervisor must be the operator or have been appointed by it. The same supervisor may oversee multiple flights for that operator.

The supervision and direction-following conditions do not apply to enclosed operations or defined extended-visual-line-of-sight operations. Other conditions remain applicable. The separate exemption from the visual-line-of-sight rule is available to an operator’s personnel only where the operator holds the required CASA approval for those personnel to fly beyond visual line of sight.

CASA publishes feedback on proposed flights above 400 feet

CASA published consultation results on 24 September for a proposal to allow certain drone flights above 400 feet without a separate height approval or operation under a remotely piloted aircraft operator’s certificate. The proposal covers work near vertical structures and over active mining excavations.

Near a structure or obstacle, eligible flights could operate within 120 metres horizontally and up to 100 feet above its highest point. At an active mining excavation, the 400-foot limit would be measured from the nearest pit edge rather than the pit floor.

Pilots would need a remote pilot licence for the aircraft’s type and category. Flights would remain within visual line of sight, or use an observer where the operator already held approval for BVLOS or extended-visual-line-of-sight operations. Near structures, pilots would maintain a listening watch on the appropriate aeronautical frequency. At mine sites, they would also need an aeronautical radio operator certificate and make broadcasts before and during the operation.

The proposed route excludes controlled airspace, no-fly zones around controlled aerodromes, and no-fly zones around non-controlled aerodromes while crewed aircraft are approaching, landing, taking off or manoeuvring. It also excludes one-to-many operations such as swarms and lightshows.

The 85 responses broadly supported the proposal while seeking clearer operating boundaries, practical guidance and proportionate radio and notification requirements. CASA said it would use the feedback for further policy development. The proposed relief remains subject to legislative changes and any other approvals required for an operation.

CASA reviews proposed changes to flights over or near people

CASA received 185 responses to its proposal to ease approval requirements for certain drone flights over or near people, according to results published on 13 August. The consultation closed on 31 May, and the feedback will inform further policy development.

One proposed route would allow licensed remote pilots to fly drones weighing 250 grams or less over or near people without a separate CASA approval, subject to conditions. Pilots would need to maintain a safe distance from uninvolved people. The route would exclude flights over major gatherings or organised events, above 400 feet, beyond or under extended visual line of sight, in low visibility, at night, as swarms, autonomously, or carrying dangerous goods.

A separate route would cover drones weighing up to 25 kilograms where a suitable structure or barrier protects all uninvolved people within 30 metres. The barrier would need to protect them against aircraft failure or collision, and a vehicle used as a barrier would have to be stationary. The proposal also seeks clearer approval requirements and stronger application expectations for other operations, including operating plans and emergency procedures.

Respondents broadly supported a more proportionate, risk-based approach and asked for practical guidance and clearer approval processes.

Canada

Ontario issues privacy guidance for police drone programmes

Ontario’s Information and Privacy Commissioner published guidance on 17 August on how police should protect personal information when using drones. It addresses the legal authority for a programme, the necessity of surveillance and the handling of the information collected.

The guidance focuses on photography and video recording. It recommends assessing privacy risks before deployment and setting rules for collection, retention, access and security, including safeguards such as masking and encryption. Police are advised to refrain from adding sensors that collect further personal information, artificial intelligence or facial recognition until they establish lawful authority and ensure compliance with Ontario’s access and privacy laws.

These considerations affect the selection of equipment as well as its use. A police service assessing a drone programme needs to identify which capabilities are necessary for its purposes and how it will control the resulting records. The guidance also discusses municipal privacy-assessment and related provisions scheduled to take effect on 1 January 2027 alongside existing duties and the commissioner’s recommendations.

Germany

Germany’s new federal-police drone powers take effect

Germany’s Bundestag approved the federal-police reform on 25 September, including powers to use drones for image and sound recording and to counter threatening unmanned systems. The September Bundestag vote followed a July vote at which the required majority of all members had not been formally established.

To avert danger from an unmanned system, section 39 permits the federal police to use suitable countermeasures, including weapons, against an unmanned system, its control unit or control link where other measures would be ineffective or substantially more difficult. This extends the security-policy development covered in the October 2025 edition of the Drone Law Brief.

The Federal Police Act was enacted on 22 October and took effect on 28 October. These powers apply to the federal police.

China

Beijing extends drone restrictions to possession, storage and supply

Beijing will prohibit possessing or storing drones and their core components, bringing them into the city, and selling or renting them to organisations and individuals there from 15 November. The revised municipal rules, adopted on 11 September, retain the citywide prohibition on drone flights and require online sellers to enforce the sales restrictions.

Organisations with specified needs may apply for an exception following a security assessment. These include counterterrorism and public-order work, emergency response, major events, teaching, research, production, agriculture and forestry. Flights under an exception must comply with national aviation rules.

Implementing provisions issued on 15 September require review by the relevant supervising department before municipal-police assessment and approval. Approved organisations must provide secure storage, 24-hour staffing and video monitoring, retain footage for at least 90 days, and keep movement and duty records for at least a year. They must share information with the police.

The implementing provisions also take effect on 15 November and replace three March instruments on exceptions, storage and information verification. Existing approvals will be reviewed, with exceptions outside the permitted categories cancelled. Businesses holding or supplying equipment in Beijing will therefore need to assess their storage and delivery arrangements as well as planned flights.

Japan

Japan clarifies conditions for drone flights without ground observers

Japan revised its approval criteria on 29 September for certain drone flights beyond the pilot’s sight without ground observers, including routes that unavoidably cross densely populated areas.

The Category II criteria require applicants to show that the aircraft and operating arrangements meet the relevant safety requirements. Routes for flights without observers should generally pass over places where people are unlikely to be present. Where a route must cross a densely populated area, the criteria require sufficient measures to prevent harm to people and property.

Category II operations require controls on third-party access and must avoid flying over uninvolved people. Applications involving densely populated areas therefore need to explain how the proposed route and safety arrangements will satisfy those conditions.

Japan widens drone exclusion zones around protected sites

Japan expanded the restricted area around designated protected sites from about 300 metres to about one kilometre on 14 July. The sites include protected airports and defence facilities.

The amendment also introduced a direct penalty for unlawful flights in the surrounding zone of up to six months’ confinement or a fine of up to JPY 500,000. The wider boundary can bring delivery, inspection and survey routes within areas where protected-site consent and notification procedures apply alongside ordinary aviation requirements.

Brazil

Brazil replaces drone rules with operating categories based on risk

Brazil’s aviation regulator introduced open, specific and certified categories for civil drone operations on 16 June, replacing its earlier framework. Approvals issued under the previous rules remain valid until revoked by the regulator. Separate rules govern recreational model aircraft and drones weighing no more than 250 grams in flight when operated within visual or extended visual line of sight.

Under the new categories, the aircraft’s weight, flight height, use of visual observation and exposure of people on the ground help determine the requirements for an operation. The open category generally covers aircraft weighing up to 25 kilograms in flight, operated within visual or extended visual line of sight at no more than 120 metres above ground, away from uninvolved people. Operations beyond the open category fall into the specific or certified categories, with certification required for risks that cannot be adequately mitigated without it.

The resolution gives certain operations authorised by 15 June two years from publication to obtain operational authorisation if they fall outside the open-category criteria or are specific-category operations not covered by a standard scenario. The remote-pilot theoretical examination requirement is waived until 31 December 2026. Operators relying on existing approvals need to establish whether their activities qualify for the transition and which requirements will apply when it ends.

South Korea

South Korea proposes wider drone reporting duties

South Korea proposed on 15 September to extend drone reporting requirements to smaller non-commercial aircraft and tethered drones. The transport ministry said existing exemptions made it difficult to identify aircraft and operators after accidents or unlawful flights.

The draft would lower the maximum take-off weight exemption for non-commercial powered drones from 2 kilograms to 250 grams and remove the separate exemption for tethered unmanned aircraft. It would also permit the processing of resident-registration, passport or foreigner-registration numbers where necessary for aircraft reporting and flight-approval work.

Comments were due by 26 October. If adopted as drafted, the changes would take effect six months after promulgation. People who own, or hold rights to use, newly covered aircraft at commencement would have two years from that date to report them.