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Aviation Law 2017 5Th Edition ICLG The International Comparative Legal Guide to: Aviation Law 2017 5th Edition A practical cross-border insight into aviation law Published by Global Legal Group, with contributions from: Advokatfirman Eriksson & Partners AB Kubes Passeyrer Attorneys at Law Alexander Holburn Beaudin + Lang LLP Locke Lord (UK) LLP ARNECKE SIBETH Maples and Calder Arnold & Porter Kaye Scholer LLP McAfee & Taft, A P.C. Azmi & Associates MMMLegal Legal Counsels Cervantes Sainz, S.C. Mori Hamada & Matsumoto Christodoulou & Mavrikis Inc. ONV LAW Clyde & Co PRIMUS attorneys at law Condon & Forsyth LLP Salazar & Asociados DDSA – De Luca, Derenusson, Sayenko Kharenko Schuttoff e Azevedo Advogados Studio Pierallini Dingli & Dingli Law Firm Ventura Garcés & López-Ibor Abogados GDP Advogados VISCHER AG GRATA International The International Comparative Legal Guide to: Aviation Law 2017 General Chapters: 1 The Use of Personal Data in the Commercial Aviation Industry – Alan D. Meneghetti, Locke Lord (UK) LLP 1 2 The Aviation Industry – Constant Change Leading to Tales of the Unexpected – Philip Perrotta, Arnold & Porter Kaye Scholer LLP 5 Contributing Editors Alan D. Meneghetti, Locke 3 Digital Signatures, Subordinations and Drones – Erin M. Van Laanen & Brian A. Burget, Lord (UK) LLP and Philip Perrotta, Arnold & Porter McAfee & Taft, A P.C. 10 Kaye Scholer LLP 4 The Need to Extend WALA’s Presence in the Airport Industry – Alan D. Meneghetti & Michael Siebold, Sales Director Worldwide Airports Lawyers Association (WALA) 15 Florjan Osmani Account Directors Oliver Smith, Rory Smith Country Question and Answer Chapters: Sales Support Manager Paul Mochalski 5 Austria Kubes Passeyrer Attorneys at Law: Dr. David Kubes & Mag. Marko Marjanovic 17 Sub Editor Nicholas Catlin 6 Bolivia Salazar & Asociados: Sergio Salazar-Machicado & Ignacio Salazar-Machicado 23 Senior Editor Rachel Williams 7 Brazil DDSA – De Luca, Derenusson, Schuttoff e Azevedo Advogados: Ana Luisa Castro Cunha Derenusson 30 Chief Operating Officer Dror Levy 8 Canada Alexander Holburn Beaudin + Lang LLP: Michael Dery & Darryl G. Pankratz 37 Group Consulting Editor Alan Falach 9 France Clyde & Co: Maylis Casati-Ollier & Benjamin Potier 45 Group Publisher 10 Germany ARNECKE SIBETH: Holger Buerskens & Ulrich Steppler 53 Richard Firth Published by 11 Ireland Maples and Calder: Donna Ager & Mary Dunne 62 Global Legal Group Ltd. 59 Tanner Street 12 Italy Studio Pierallini: Laura Pierallini & Francesco Grassetti 71 London SE1 3PL, UK Tel: +44 20 7367 0720 13 Japan Mori Hamada & Matsumoto: Hiromi Hayashi 80 Fax: +44 20 7407 5255 Email: [email protected] 14 Kazakhstan GRATA International: Marina Kahiani & Kamila Suleimenova 89 URL: www.glgroup.co.uk 15 Lithuania PRIMUS attorneys at law: Paulius Docka 104 GLG Cover Design F&F Studio Design 16 Malaysia Azmi & Associates: Norhisham Abd Bahrin & Rosinah Mohd Salleh 110 GLG Cover Image Source iStockphoto 17 Malta Dingli & Dingli Law Firm: Dr. Tonio Grech 117 Printed by 18 Mexico Cervantes Sainz, S.C.: Luis A. Cervantes Muñiz & Ashford Colour Press Ltd Alejandro Zendejas Vásquez 123 February 2017 Copyright © 2017 19 Poland MMMLegal Legal Counsels: Krystyna Marut & Anna Burchacińska-Mańko 129 Global Legal Group Ltd. All rights reserved 20 Portugal GDP Advogados: Francisco de Sousa Alves Dias 137 No photocopying 21 Romania ONV LAW: Mihai Furtună & Ioana Anghel 142 ISBN 978-1-911367-35-2 ISSN 2050-9839 22 South Africa Christodoulou & Mavrikis Inc.: Chris Christodoulou & Antonia Harrison 150 Strategic Partners 23 Spain Ventura Garcés & López-Ibor Abogados: Alfonso López-Ibor Aliño & Pablo Stöger Pérez 165 24 Sweden Advokatfirman Eriksson & Partners AB: Stephan Eriksson & Martin Thysell 174 25 Switzerland VISCHER AG: Urs Haegi & Dr. Thomas Weibel 180 26 Ukraine Sayenko Kharenko: Andrei Liakhov & Vasyl Liutyi 187 27 United Kingdom Locke Lord (UK) LLP: Alan D. Meneghetti & Arnold & Porter Kaye Scholer LLP: Philip Perrotta 195 28 USA Condon & Forsyth LLP: Bartholomew J. Banino & Nicole M. Smith 207 Further copies of this book and others in the series can be ordered from the publisher. Please call +44 20 7367 0720 Disclaimer This publication is for general information purposes only. It does not purport to provide comprehensive full legal or other advice. Global Legal Group Ltd. and the contributors accept no responsibility for losses that may arise from reliance upon information contained in this publication. This publication is intended to give an indication of legal issues upon which you may need advice. Full legal advice should be taken from a qualified professional when dealing with specific situations. WWW.ICLG.CO.UK EDITORIAL Welcome to the fifth edition of The International Comparative Legal Guide to: Aviation Law. This guide provides corporate counsel and international practitioners with a comprehensive worldwide legal analysis of aviation laws and regulations. It is divided into two main sections: Four general chapters. These chapters are designed to provide readers with an overview of key issues affecting aviation law, particularly from the perspective of a multi-jurisdictional transaction. Country question and answer chapters. These provide a broad overview of common issues in aviation laws and regulations in 24 jurisdictions. All chapters are written by leading aviation lawyers and industry specialists, and we are extremely grateful for their excellent contributions. Special thanks are reserved for the contributing editors Alan D. Meneghetti of Locke Lord (UK) LLP and Philip Perrotta of Arnold & Porter Kaye Scholer LLP for their invaluable assistance. Global Legal Group hopes that you find this guide practical and interesting. The International Comparative Legal Guide series is also available online at www.iclg.co.uk. Alan Falach LL.M. Group Consulting Editor Global Legal Group [email protected] Chapter 1 The Use of Personal Data in the Commercial Aviation Industry Locke Lord (UK) LLP Alan D. Meneghetti The aviation industry, much like any other industry sector, generates collection takes place from the beginning to the end of the consumer data. But in the aviation sector there is not only data, but vast (in most cases in the context of this chapter, this will be the amounts of just about every type of data – from engineering and passenger) experience. Take for example the following scenario, scientific data, to flight data and weather data, through to consumer which is typical of a passenger travelling on an airline: data, passenger data, security data, personal and in some cases A passenger wishing to travel from London Heathrow logs (what we in the EU refer to as) sensitive personal data (that is, data onto the Heathrow Airport website to find out the best way regarding one’s race and ethnic origins, physical health, religious to travel to the airport. Cookies are collected which track beliefs and so on) [see Endnote 1]. her movements through the airport’s website’s pages. The The generation of data gives rise to many questions, the following passenger may even volunteer her email address and other being the ones which come immediately to mind: personal information in order to be contacted by the airport in the event of delays (due, for example, to bad weather) or ■ Where is this data collected? to receive regular updates and news from the airport. Before ■ How is this data treated by the recipient or holder of that data? leaving her house or whilst on her mobile, the passenger ■ Where is the data stored? checks in online, selects her seat on the aircraft and inputs her meal choice and any dietary requirements which she may ■ Does the data need to be stored securely and, if so, is it? have (at which point more cookies are collected, as well as ■ What is the intended use of this data, and how is it used in personal data, this time by the airline on which the passenger practice? is travelling. Potentially, sensitive personal data is also ■ If the data relates to an individual (the individual to which the collected; for example, pointers to the passenger’s physical data relates is referred to in many jurisdictions as the “data health and religion may (although admittedly not necessarily) subject”), did they supply their consent knowingly, willingly be indicated by meal choices and special requirements). Once and whilst being fully informed of the uses to which that data at the airport, the passenger drops her bag at the airline’s bag- will be put, where it will be stored and processed, and what drop counter (again, delivering personal data such as her security arrangements are in place with respect to that data name, address, flight details and so on), clears customs and (and – a corollary of sorts – may they withdraw their consent immigration (at which point more personal data is submitted and “take their data back”)? to the customs authorities) and proceeds to security, where Naturally, the answers to, and indeed the relevance of, these she is scanned using a full body scanner (which collects personal data regarding the passenger, at least to the extent questions will depend on the type of data involved – flight, weather to which the scanners are able to identify any physical health and engineering data (for example) is treated differently and by issues such as implants, not to mention generating images different people to personal data collected by shops and airport of the passenger’s body, which raises a number of privacy operators from the sale of duty-free merchandise or through concerns for adults, let alone minors [see Endnote 2]). The customers logging on to the airport’s website. Furthermore, not all passenger then buys some duty-free goods on her debit card, types of data are protected by law – whilst certain types of data showing her boarding card (which is scanned – again, more (most notably, personal data) will be legislatively protected in many personal data is collected, this time regarding the passenger’s jurisdictions, other types of data may be protected simply by the whereabouts and purchasing preferences), and boards the parties on the basis that it is confidential or business-sensitive.
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