Counter-drone defence: new law raises questions for critical infrastructure

Under the Resilience of Critical Entities Act (RKEG), in force since March, operators of critical infrastructure must significantly strengthen their resilience against crises and attacks. Yet it is precisely in counter-drone defence that considerable legal uncertainty exists. Lawyer Bernhard Müller, who specialises in defence and security law, points this out in an interview with the daily “Die Presse”.

Eleven sectors are affected – including energy, transport, health, digital infrastructure and space. In future, companies must prepare risk analyses, implement resilience plans and define protective measures. According to Müller, many operators are currently receiving their classification notices from the Ministry of the Interior.

The lawyer is particularly critical of counter-drone defence. Companies may detect and monitor drones, but: “Someone would then have to bring this information together.” Ultimately, only the state could take on this task.

It remains unclear how far companies may go in active defence. “It is a legal grey zone,” says Müller. Many questions still lack clear legal requirements. His conclusion: “Obligations are imposed on the companies concerned without them having sufficient legal certainty.”

Müller therefore calls for clear guidelines and an unambiguous division of tasks between the state and industry. Companies must strengthen their resilience, “but the state must provide the technical and legal protective framework”. Particularly in the case of drone attacks, sabotage or cyberattacks, state threat prevention must not be privatised.