Who is the operator, who is the remote pilot – and who is liable for what?

EU drone law distinguishes between two roles that are often performed by the same person in everyday practice – but are not the same from a legal perspective.

The operator

The operator is the party using the drone – in commercial operations, this is generally the company, not the employee. The operator:

• registers with the German Federal Aviation Authority and receives the operator registration number (e-ID), which must be affixed to all of its drones;
• takes out third-party liability insurance;
• ensures that only qualified remote pilots operate the drones and that the equipment is in proper condition;
• is the applicant whenever an operational authorisation is required.

The remote pilot

The remote pilot is the natural person who controls the drone during the specific flight. They need the appropriate proof of competency or remote pilot certificate, must be able to present it on request and decide on site whether the flight can be conducted safely. No one can take this decision away from them – not even an instruction from the client or supervisor.

The most common mistake

An employee registers privately because they are obtaining their drone pilot certificate anyway, and the company drone then bears their private e-ID. This is incorrect: the operator is the company, so the company must register as a legal entity. If the employee leaves the company, the fleet would otherwise remain registered in the name of someone with no connection to it.

What about liability?

If damage occurs, strict liability of the operator applies initially – this liability rests with the operator and is the reason for the insurance requirement. Both parties may be liable for administrative offences: the remote pilot for violations during the flight, and the operator for organisational failures such as missing registration or the use of unqualified pilots. A remote pilot who intentionally violates operating prohibitions also risks losing insurance coverage – in that case, the company is left to bear the damage.

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