C-DRONE GUIDE · 21 AUGUST 2026
A drone is flying over my industrial site: what to do about the risk of espionage and trade secrets
An orthophoto of a construction site explains a delay; an aerial view of a competitor's yard, taken without authorisation, raises an entirely different question. Industrial site managers, security officers and business owners are increasingly seeing a drone hover over their factory, their logistics warehouse or a sensitive construction site — without knowing whether it is a curious bystander, a journalist, an activist or a competitor after information on a process, a production line or a project's progress. French law frames this in two quite distinct ways: privacy protection, which only imperfectly covers a professional site, and trade secret protection, which covers your sensitive information provided you have taken reasonable protective measures. Here is what the law says, how to react on the spot, and how to secure an exposed site for the long term.
Published on 21 August 2026, reviewed on 21 August 2026 — regulations in force as of August 2026.
Privacy: what article 226-1 of the criminal code covers — and does not cover
The most common legal reflex is to invoke privacy. Article 226-1 of the French criminal code punishes with one year's imprisonment and a €45,000 fine the act of capturing, recording or transmitting, without the consent of the persons concerned, the image of people in a private place. The text protects people, not buildings or processes : a flight that photographs an empty factory facade, a roof or a storage yard with no identifiable person on it falls outside its scope, even if the company finds the shot unwelcome. Conversely, footage that frames employees at their workstation, a changing room or a car park through a building's windows falls squarely under this text, whatever reason the pilot gives.
A second, quieter but equally useful principle rests on property rights : the right of an aircraft to fly over private property cannot be exercised under conditions that hinder the owner's exercise of their own rights — a prolonged, repeated hover over a site, with no declared mission, sits outside that framework. On the purely regulatory side, our guide drone overflight of people and private property details the rules that apply to the pilot themselves.
Trade secrets: the 30 July 2018 law — only if the information was protected
The text really built for this risk is French law n° 2018-670 of 30 July 2018 on the protection of trade secrets, which transposes EU directive 2016/943. It protects information under three cumulative conditions : it is not generally known or readily accessible, it has commercial value because of its secret nature, and — the point companies overlook most often — its holder has taken reasonable protective measures given the circumstances. Obtaining that information without authorisation, including through unauthorised observation or filming of a place where it is present, can then amount to unlawful acquisition under the law, exposing the person responsible to civil sanctions.
The rise of consumer drones has changed the picture for that third condition. A factory whose process, production-line layout or prototype was only visible from the air could reasonably have considered itself protected before 2015; that is no longer the case today. In the United States, the founding case DuPont v. Christopher (1970) had already ruled that unauthorised aerial photography of a plant under construction amounted to an improper means of obtaining a trade secret, even without any ground-level trespass. An analysis by Claire Scott, published in 2021 in the Mississippi Law Journal, revisits that precedent to show that the spread of consumer drones now forces companies to rethink what counts as reasonable protective measures — covering sensitive outdoor areas, opaque screens, temporary restrictions during a project's critical phases (see the study on Google Scholar).
Reacting on the spot: identify, document, report
Faced with a drone hovering over the site, the first priority is to identify the aircraft rather than try to chase it away. Most recent drones continuously broadcast a Remote ID signal that a free app such as Drone Scanner or an OpenDroneID reader can pick up within seconds — operator number, drone position and pilot position. The full method, including visual clues when no app is available, is detailed in our guide drone near me: how to find out who is flying it (and if it is legal).
At the same time, document without delay : date, time, flight duration, observed flight path, screenshots from the identification app where possible. That record is valuable both for a criminal complaint (article 226-1 where people were filmed) and for a civil action based on trade secret law. In case of repeated flights or clearly hostile behaviour, reporting to the gendarmerie or police, backed up by a report to the préfecture for the most sensitive sites, opens an investigation and builds a track record in case of recurrence.
Protecting the site long term: physical measures, contracts and restricted zones
For the vast majority of sites, the most effective protection stays physical and organisational : cover or screen the areas where a sensitive process, prototype or production line would be visible from the air during critical phases, restrict visual access to strategic yards and storage areas, and train staff to report any unusual drone rather than ignore it. These measures cut both ways : they reduce the actual risk, and they provide the evidence of the "reasonable protective measures" that trade secret law requires before a company can claim that protection. Confidentiality clauses signed with subcontractors, service providers and visitors are worth amending to explicitly list aerial image capture of the site among the prohibited uses.
For sites of vital importance (energy, water, Seveso-classified industry, defence), a heavier mechanism exists : the préfecture can create a temporary restricted zone (ZIT) by order, particularly during a sensitive event or a period of heightened threat, and some operators fall under a specific regime detailed in our guide drones and sensitive sites: the case of critical infrastructure operators. One false good idea to avoid, though : jamming a drone's signal or trying to neutralise it yourself is an offence under the French electronic communications code, however legitimate the intent — only the competent authorities can neutralise an aircraft.
If the damage is already done: gather evidence and take action
When the capture has already happened — aerial photos of your site published on social media, a competitor using a layout of your facilities during a tender — the priority is to preserve the evidence before it disappears. A French bailiff-equivalent officer (commissaire de justice) can draw up a legally admissible record of the disputed publications; our guide bailiff's report backed by a drone survey details this process, which is equally transferable to documenting your own site's condition ahead of any dispute.
On the substance, two routes exist and can be combined : a criminal complaint based on article 226-1 where people were filmed, and a civil action for trade secret infringement where protected information was obtained, used or disclosed without authorisation, potentially leading to damages and, where relevant, injunctions. In both cases, reacting quickly and gathering solid evidence largely determine the outcome of the proceedings. For any question about securing your site's airspace or a one-off surveillance mission, request a quote.
Frequently asked questions
Does a competitor photographing my factory with a drone break the law?
Not necessarily under privacy law, which only protects people filmed in a private place — not empty buildings. However, if the captured information (a process, a production line, a prototype) was protected by reasonable measures and is later used or disclosed, the 30 July 2018 trade secret law can apply and give rise to compensation.
How can I tell if the drone flying over my site is operated by a declared professional?
Most recent drones broadcast a Remote ID signal that a free app such as Drone Scanner can pick up, showing the operator number and the pilot's position. The full method is detailed in our dedicated guide to identifying a drone in flight.
Can a company jam or shoot down a drone flying over its premises?
No: jamming or neutralising a drone yourself is an offence under the French electronic communications code, even on private land. The lawful response is to identify the aircraft, document the flight and, if needed, report it to the gendarmerie or police, or to the préfecture for the most sensitive sites.