REGULATORY FRAMEWORK FOR THE USE OF UNMANNED AERIAL VEHICLES IN AGRICULTURAL ACTIVITIES: CHALLENGES AND OPPORTUNITIES | Abeledo Gottheil

REGULATORY FRAMEWORK FOR THE USE OF UNMANNED AERIAL VEHICLES IN AGRICULTURAL ACTIVITIES: CHALLENGES AND OPPORTUNITIES

27 May 2026 |

In recent years, the incorporation of Unmanned Aerial Vehicles (“UAVs”), commonly referred to as “drones,” into agricultural activities has significantly transformed production processes. From the selective application of phytosanitary products to topographic surveying and crop monitoring through multispectral sensors, these technologies now constitute a cornerstone of precision agriculture, with a direct impact on operational efficiency, cost reduction, and sustainability.

However, their implementation requires a proper understanding of and compliance with a complex, dynamic, and multidisciplinary regulatory framework involving aeronautical, sanitary, environmental, and civil liability regulations, with the participation of national agencies and provincial authorities.

Main Regulatory Aspects to Consider

Aeronautical Authority – National Civil Aviation Administration (ANAC)

The legal framework applicable to UAVs in Argentina was updated through ANAC Resolution No. 550/2025, which repealed Resolution No. 880/2019 and introduced a new framework aligned with the standards of the International Civil Aviation Organization (“ICAO”), incorporating a risk-based operational approach.

Within this context, the regulation establishes a classification of operations into “Open” and “Specific” categories, depending on the level of operational risk and complexity. Open-category operations encompass low-risk activities conducted within visual line of sight and subject to operational limitations, whereas Specific-category operations include more complex scenarios — such as certain agricultural operations — which require prior evaluation and authorization from the aeronautical authority.

Additionally, the regulation strengthens training and licensing requirements for remote pilots, establishes mandatory registration obligations for commercial operators, and requires the implementation of operational risk management systems, including hazard identification, risk assessment, and mitigation measures.

The regulation also contemplates the digitalization of authorization procedures for operations in controlled airspace, the possibility of requiring technical certifications or approvals for agricultural UAVs, and the obligation to record and preserve telemetry data for control and incident investigation purposes.

Application of Phytosanitary Products – National Service of Agrifood Health and Quality (SENASA) and Provincial Regulations

The use of UAVs for the application of phytosanitary products is subject to the regulations governing aerial applications currently in force. At the national level, SENASA Resolution No. 369/2013 establishes general guidelines, while in the Province of Buenos Aires, Law No. 10,699, Regulatory Decree No. 499/91, and Resolution MDA No. 246/2018 are applicable.

This framework imposes compliance with minimum distance requirements from populated areas, residences, and watercourses; mandatory authorization of equipment and applicators; compliance with operational and meteorological conditions — with particular emphasis on drift prevention — and the adoption of contingency protocols.

Within this context, UAVs intended for spraying activities must be expressly authorized for such purpose and operate under technical and safety standards equivalent to those applicable to traditional aerial application, adapted to the specific characteristics of the technology employed.

Data Protection and Use of Information

The use of drones in agricultural activities frequently involves the collection and processing of georeferenced data, images, and production metrics, which may include sensitive information or even personal data in certain cases.

Accordingly, Personal Data Protection Law No. 25,326 and the regulations issued by the Agency for Access to Public Information (Agencia de Acceso a la Información Pública – “AAIP”) become applicable, particularly with respect to the purpose limitation principle, information security requirements, potential international data transfers, and the liability of technology operators.

Civil Liability and Insurance

From a legal standpoint, the UAV operator is subject to a strict liability regime for damages caused to third parties, pursuant to the Argentine Aeronautical Code and the Argentine Civil and Commercial Code.

This framework requires the maintenance of insurance coverage adequate to the operational risks involved, including scenarios involving spray drift, as well as the implementation of operational manuals and duly documented procedures aligned with regulatory requirements.

Likewise, the preservation of complete technical records — including maintenance logs, equipment calibration records, and flight traceability documentation — acquires central importance both for risk management purposes and for the defense against potential claims.

The development of the AgTech ecosystem in Argentina represents a significant opportunity to improve the productivity and sustainability of the agricultural sector. However, this process is accompanied by increasing regulatory requirements and compliance standards.

ANAC Resolution No. 550/2025 consolidates a risk-based approach that demands a greater degree of professionalization from operators, while, at the provincial level, oversight of phytosanitary applications continues to constitute a central area of regulatory enforcement.

Furthermore, effective as of July 1, 2026, the National Insurance Superintendency (Superintendencia de Seguros de la Nación – “SSN”) updated the regulatory framework applicable to drone insurance through SSN Resolution No. 721/2025, repealing the prior regulations in order to align with the new ANAC standards. The current framework requires mandatory Civil Liability (CL) insurance coverage for damages caused to third parties.

Conclusion

The adoption of UAVs requires not only a technical and economic assessment, but also a comprehensive regulatory compliance analysis encompassing the aeronautical, sanitary, environmental, and civil liability aspects involved.

The implementation of compliance audits, operational protocols, and risk management systems constitutes a key tool for mitigating contingencies and ensuring the legal viability of projects involving UAV technologies in the agricultural sector.

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