News
Client demand for advice on space law and
drone use rising
With drones and satellites being more
commonly used in a range of industries,
businesses are looking to lawyers in
Iberia to help create an appropriate legal
framework
Demand from clients in Spain and
Portugal for advice on issues relating
to space law and drone use is growing
as businesses supplying the space
and aeronautics industries – as well
as industries looking to utilise drones
to further their commercial interests –
seek clarification and legal certainty.
The rapid development of such
technology, such as drones and the
greater use of satellites – in addition
to advancements in driverless
cars, for example – is severely
testing lawyers in Iberia as clients
look to address concerns relating
to aeronautical security, airspace
utilisation and personal privacy.
In addition, pressure on lawyers is
mounting as there is an expectation
that they should be providing input
into the development of new legal
frameworks that govern such areas.
However, the relevant expertise is
in short supply, according to Magda
Cocco, a partner at Vieira de Almeida
(VdA) in Lisbon. “It’s very difficult
to find lawyers who are experts in
technology and international laws
governing outer space, drone use
and driverless cars, for example,
both in Portugal and other countries,
such as the UK, where many tech
companies internalise their legal
teams and do not resort to using law
firms,” she says.
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• IBERIAN LAWYER • November / December 2016
Some 30 Portuguese companies
supply the space and aeronautics
industries, which are fast-growth
sectors as the country’s Science
and Technology Foundation’s
Space Office is exploring the
benefits of Portuguese participation
in European Space Agency
programmes.
“New legislation is coming in
every day to regulate the use of new
technology, which is not the case
for most other practice areas in a
law firm,” Cocco says. “Technology
requires highly-specialised
knowledge, and we charge higher
fees to account for that.”
Right to intimacy
According to Albert Agustinoy,
partner at Cuatrecasas Gonçalves
Pereira, concern regarding drones
is related to aeronautical security,
airspace utilisation and personal
privacy derived from the use of
images captured in-flight. “The
fact that drones can capture images
that were previously impossible to
obtain raises concerns regarding
the right to privacy,” Agustinoy
says. He adds that, with regard to
driverless cars, in addition to road
safety, another huge challenge is
personal data protection, as the
new generation of ‘wired’ vehicles
can ‘vacuum up’ users’ data, also
causing privacy concerns. Agustinoy
also says that lawyers need to
provide input in the drawing up
of laws to govern the use of such
vehicles, given the novelty and
complexity of the legal framework.
In particular, Cuatrecasas receives
a large number of enquiries from
companies in the audio-visual
and advertising sectors regarding
drone use, both being industries
that are increasingly reliant on such
technology.
Juan Muguerza, senior associate
at Garrigues in Madrid, says civil
aviation will face an unprecedented
challenge from drones in the near
future, which will lead to significant
legal changes. “To take advantage
of their economic potential, drone
companies will require a clear,
efficient and harmonised regulatory
framework providing adequate
protection to citizens, but without
imposing unnecessary red tape
that could stymie investment and
innovation,” he says. However, the
approval of a regulatory framework
requires arduous and complex work,
and takes time, requiring more
extensive approval than perhaps
some operators in the sector would
wish, he adds. “Spain is a good
example of that slowness, given that
the existing ‘temporary’ legislation
introduced in 2014 is still in place,”
Muguerza says.
One of the main aims of new
legislation would be to facilitate
drone flights in urban areas, which
would have the effect of accelerating
the industry’s development.
Muguerza says clients are keen
to understand both EU rules and
national regulations in order to
explore the opportunities drones can
offer, from security, disaster relief,
border surveillance and agricultural
uses, to firefighting, toxic material
handling and goods delivery.
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