The European Data Protection Supervisor (EDPS) has issued an opinion on a proposed framework agreement between the European Union and the United States, emphasizing the need for effective safeguards for information exchange at the borders.

This opinion, published on 29 October 2026, follows a proposal from the European Commission dated 10 September 2026. The envisaged agreement would facilitate the reciprocal exchange of information for border controls, travel authorizations, and visas, in order to determine whether a traveller's entry poses a serious and real risk to security or public order. The Commission's proposal responds to the United States' requirement for Visa Waiver Program countries to conclude a "Enhanced Border Security Partnership" with the US Department of Homeland Security before the end of 2026, which motivates a request for provisional application.

The EDPS highlights that this would be the first sharing of personal data, including biometric data, on this scale with a third country for border control purposes. It recommends limiting the exchange to relevant and necessary data by carefully selecting the information systems. Bilateral agreements will need to precisely define offences related to "public order" and "public security," as well as concrete and verifiable criteria establishing a "link" between the traveller and a country. Authorities will have to justify on a case-by-case basis the risk posed by an individual and effectively inform the originating authorities in case of further data sharing.