Drones in the photography profession — permits, rules and safety
From competence certificate to flight restriction zones
A drone gives you perspectives you could never achieve from the ground — overview images of properties landscapes and events. But a drone is also an aircraft and flying with it is subject to a ruleset common to the entire EU and administered in Denmark by the Danish Transport Authority. As a photographer using drones commercially it is your responsibility to know and comply with the rules.
§The EU's categories: open, specific, and certified
Most photographic drone flights take place in the 'open category', which is the least regulated of the EU's three main categories. The open category is again divided into subcategories A1, A2 and A3, which determine how close you can fly to people and buildings depending on the drone's weight and characteristics.
| Subcategory. | What it typically allows |
|---|---|
| A1 | Flying close to — but not directly over — individuals with light drones |
| A2 | Flying closer to people and urban buildings with slightly heavier drones requires additional certificate |
| A3 | Flying far from people and settlements typically with heavier drone equipment |
§Competence certificates: A1/A3 and A2
If your drone weighs more than 249 grams, you must have at least an A1/A3 certificate. This is obtained by passing an online theory test with the Transport Authority consisting of 40 questions. If you want to fly closer to people and airports, you must supplement with the A2 competence certificate, which requires an additional test with 30 questions — this part you must take at a physical testing center approved by the Transport Authority.
§Recording and insurance
As a drone operator you must as a rule register with the Danish Transport Authority and the drone must be marked with your operator ID. If you use the drone commercially a liability insurance that covers drone flying is a legal requirement — standard private liability insurance does not automatically cover damage caused by a drone for commercial purposes.
§No-fly zones and good practice
There are geographic zones where drone flying is banned or severely restricted — typically around airports military areas and certain parts of major cities. Always check the applicable zone maps before planning a recording. In the open category there is also a general height limit normally 120 metres above ground. And even though a drone gives you distance from the subject the same rules about consent and privacy apply as when photographing from the ground — a drone is not a free way around GDPR.