The EU is negotiating a deal with Washington.
Citizens of the European Union do not need to apply for a visa to visit the U.S. The two sides have a visa waiver program in place. Now, however, the U.S. is adding a condition: If the EU wants to continue to enjoy visa-free travel, it needs to give American authorities access to its database.
The U.S. has asked all countries that are part of its visa waiver program to sign bilateral agreements—called the Enhanced Border Security Partnership (EBSP)—with the Department of Homeland Security. Australia and New Zealand are also negotiating with the U.S. These deals need to be finalized by December 2026 if countries want to keep travel visa-free with the U.S. Participating countries will need to provide access to personal and biometric data for border control and anti-terrorism efforts.
This is a highly controversial move in Europe. The EU’s General Data Protection Regulation (GDPR) offers strong protections to residents regarding their data. Businesses must comply with rules about data collection and processing of EU residents. They need to be clear and transparent about data use, and residents have the right to deny or withdraw consent at any time. The U.S., however, does not have such protections in place, and experts are concerned this could lead to mass surveillance.
The European Data Protection Supervisor (EDPS) noted this would be the first time large-scale data would be shared with a third country, so data processing needs to remain transparent and uncontroversial. However, critics worry that there is no way for the EU to guarantee safeguards. They also question how data would be used once transferred, and what the consequences would be. Countries may have information not only on criminals, but also suspects or asylum seekers, so the scope might differ in each country.
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A member of the European Parliament, Hermida-van der Walle, criticized the proposal, calling it blackmail. “The pressure which the United States is extorting on our member states, the threats that if you don’t agree with this we will cancel your access to the visa waiver program, that is an element of blackmail that we cannot let go.” Leaders have also written to EU President Ursula von der Leyen, urging reconsideration. “Looking at the current geopolitical context, we consider undesirable for the European Commission to start or continue such negotiations,” it said.
In recent years, the U.S. has used various surveillance methods to track individuals. The Department of Homeland Security’s Immigration and Customs Enforcement (ICE) is using artificial intelligence to monitor Americans, relying on biometric data and facial recognition. These efforts have raised concerns about civil rights, as the agency taps into a network of federal, state, phone location, and social media databases to identify and surveil people. In February, a woman who participated in protests against ICE lost access to Global Entry and TSA PreCheck. Others have reported ICE agents using phones to deploy facial recognition software to identify them.
Related: You May Lose PreCheck and Global Entry If Caught Protesting ICE
Most travelers from the EU do not need to apply for a visa to visit the U.S. for less than 90 days, except those from Bulgaria, Cyprus, and Romania. As part of the visa waiver program, the U.S. requires an Electronic System for Travel Authorization (ESTA) application to be filled out before travel. Last year, the Trump administration proposed stricter visitor vetting, now requiring five years of social media history, all emails used in the last decade, and more family details. Nonimmigrant and immigrant visa applicants have had to share this information for years, but the policy now expands to millions who travel visa-free, including citizens of the EU, Australia, Qatar, and the U.K.
It is possible that criticizing the government or its policies could get travelers barred from entering the country—it allegedly happened to a Norwegian after immigration officers found a JD Vance meme on his phone. Travelers, wary of the same treatment, might censor themselves, which would be a blow to free speech. Worse yet, experts warn this could create a chilling effect among travelers, who might take their tourist dollars elsewhere.
