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Counter-drone measures in Germany. Who may do what

The legal situation for counter-drone measures in Germany, 2026. Private operators may detect, report and document. Jamming, intercepting and shooting down are reserved for the armed forces and the police.

Updated 6 Sep 2026Reading time about 8 minutes

This article explains the legal situation for counter-drone measures in Germany, written for security providers, in-house security and operators of critical infrastructure. The short version is this. Private operators and security providers may detect drones, document them and report them to the police. Any active defence, meaning jamming, intercepting or shooting down, is reserved for the German armed forces, the federal police and the state police. The amended Aviation Security Act of March 2026 did not change that.

What the Aviation Security Act regulates since 17 March 2026

The German parliament passed the second amendment of the Aviation Security Act (LuftSiG) on 26 February 2026, and the Bundesrat approved it on 6 March 2026. It has been in force since 17 March 2026, published in the Federal Law Gazette (BGBl. 2026 I No. 68). The new section 15a LuftSiG allows the armed forces to act against drones inside Germany. For that, a federal state has to request their support, which the law calls administrative assistance. The armed forces may then also use armed means. The condition is that only this can avert a particularly serious accident. The defence ministry decides alone, without prior coordination with the interior ministry.

The federal police receive their own task through the amendment. They are now responsible nationwide for detecting and countering drones at airports. There is also a new criminal offence. Anyone who intentionally enters airport security areas and impairs aviation security faces up to five years in prison.

For private operators, the amendment contains no new powers. Parliament only asked the federal government to examine whether and how operators could be authorised, with legal certainty, to detect and counter drones. A request to examine is not a permission.

The federal police, the states and the joint counter-drone centre share the task

The federal police have run their own counter-drone unit in Ahrensfelde since early December 2025. It is set to grow to 300 officers at eight locations. The federal government has budgeted around 100 million euros for it. Parliament passed an amendment of the Federal Police Act with technical means against drones on 10 July 2026. The required majority was not established, however. A repeat vote and the Bundesrat are still pending.

Outside the airports, the state police forces are responsible for defence against dangers. In Bavaria, the drone competence and defence centre in Erding started operating on 1 April 2026 and was officially opened on 4 May 2026. The Bavarian police powers act explicitly names jammers, electromagnetic pulses and interceptor drones as police tools.

Since 17 December 2025 the joint counter-drone centre in Berlin has coordinated all parties. The federal police, the federal criminal police office, the states and the armed forces work together there. A technology centre for drone security was added on 18 August 2026 at the DLR site in Cochstedt, Saxony-Anhalt. For you as an operator, none of this changes the reporting path. Your contact remains the local police. The centre pools situation awareness and technology, it does not replace an emergency call.

What operators and security providers may do

For private actors, countering drones in Germany means passive detection. Passive means the technology only receives and does not act on the drone. Permitted are radio detection, radar, passive radar, cameras in the visible and infrared range, and acoustic sensors. You may also read the remote identification signal, if the drone broadcasts it. That is a data signal with which a drone identifies itself. You may determine the pilot's position and address them calmly.

You may document. Time, flight path, photos and videos secure evidence. You may file a criminal complaint and alert the police. Under civil law you can demand an injunction under section 1004 of the German Civil Code and damages under section 823. Passive structural measures are also permitted, such as screening or nets over sensitive areas. The line is crossed as soon as a measure interferes with the flight.

A security provider may offer this detection as a service. The German security industry association BDSW has set up a drone committee for it. The security provider has no powers of intervention. It detects, reports and hands over to the police.

What remains prohibited, even over your own site

The airspace is public. Property rights end at the ground. That is why any interference with someone else's drone is prohibited for private actors. This applies to jammers, GPS spoofing, interference with the control link, net launchers, interceptor drones and any other means. It also applies when the drone is flying over your own factory grounds.

Jammers are not permitted for private actors. The German Radio Equipment Act and Telecommunications Act prohibit buying, owning and operating such devices without a frequency assignment from the Federal Network Agency. Section 37 of the Radio Equipment Act provides for fines. Anyone who disrupts radio traffic risks up to five years in prison under section 317 of the Criminal Code. Anyone who interferes with air traffic is liable under section 315. The Aviation Act protects the airspace in addition. Anyone who damages a drone is liable for property damage under section 303.

That leaves the defensive emergency under section 228 of the Civil Code. It allows averting an immediate danger in extreme individual cases. A security concept cannot be built on it. Anyone who tries is acting negligently.

The delegation debate has changed nothing so far

Beleihung is the German legal term for the state delegating a sovereign task to a private company while keeping oversight. Since early September 2026 the federal interior ministry has been examining such a model for counter-drone defence. Private operators of critical infrastructure could then take on tasks that today only the state may perform. External experts are examining how to make this legally sound. The ministry speaks of complex legal questions that touch the responsibilities of the federal and state governments.

The industry associations are reserved. The German chemical industry association sees counter-drone defence as a task of the state. The energy association En2x also considers defence against dangers under aviation law a state task. Operators fear high costs and new legal obligations. Brandenburg had already announced a delegation to critical infrastructure operators in January 2026. Constitutionally, that is disputed.

Until a decision is made, the current legal situation applies. Private actors detect and report. The state defends.

What a reporting chain should contain

A reporting chain defines who informs whom, and when. It starts with the sensor or the employee who sees the drone. It ends with the police and in the documentation. The following points belong in it.

  • Detection with timestamp, position, flight direction and altitude, as far as measurable.
  • Assessment by a named person whether there is a danger.
  • Alerting the police via 110, at airports additionally the federal police.
  • Internal information to site security, the monitoring centre and site management.
  • Protective measures on the ground, such as moving people out of the area or pausing processes.
  • Securing the evidence, meaning recordings, photos and remote identification data.
  • Documented handover to the federal or state police.
  • Follow-up with a criminal complaint and an evaluation of the incident.

Monitoring centres certified under DIN EN 50518 can take up the chain. What matters is that every step has a person and a deadline. A chain that is never practised remains paper.

What this means for operators

You can invest in detection today with legal certainty. You cannot invest in defence. Anyone offering you jammers, net launchers or interceptor drones for your site security is selling you a legal risk. What makes sense is a situation picture you can share with the police. What makes sense is a practised reporting chain. What makes sense is documentation that holds up in court and with insurers. If the delegation model comes, operators with working detection and a working reporting chain will be prepared. Without detection there is nothing to delegate.

Frequently asked questions

May I jam a drone over my own factory site?
No. Jammers are prohibited for private actors, regardless of location. You risk fines under the Radio Equipment Act and criminal penalties under section 317 of the Criminal Code. Call the police and document the flight.

May I operate a detection system myself?
Yes. Passive sensors such as radio detection, radar or cameras may be used by operators and security providers. Mind data protection when recording. Active components such as jammers do not belong in a private system.

Whom do I call?
The police on 110. At airports the federal police are responsible. The joint counter-drone centre is not an emergency line for operators.

Did the new Aviation Security Act give private actors more rights?
No. The amendment, in force since 17 March 2026, regulates the armed forces and the federal police. For operators there is only a request to the federal government to examine the question.

When will the delegation to critical infrastructure operators come?
That is open. The federal interior ministry has been examining it with external experts since early September 2026. Industry associations have rejected the model so far.

May a security provider catch a drone with a net?
No. Net launchers and capture drones act on the drone. That is reserved for the police and the armed forces.

Sources

Back to the overview

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