EU governments agreed in December 2025 to open negotiations that would give US authorities access to national biometric databases — including fingerprints and facial scans — in exchange for keeping visa-free travel to the United States for EU citizens.

Washington demanded this access back in 2022 as a condition for continuing visa waiver status, which the US currently grants to every EU country except Romania, Bulgaria and Cyprus. The American side calls the arrangement "Enhanced Border Security Partnerships" (EBSP).

Who negotiates what, and when?

The European Commission will lead "framework" talks with the US this year to set general rules governing how EBSPs should work. After that, individual EU countries would hold direct talks with the Trump administration to conclude their own agreements within the EU framework.

Two countries sit outside the deal. Denmark benefits from its treaty carve-outs, and Ireland is not part of the Schengen passport-free travel zone, so neither will be bound by the framework.

The EU-wide agreement will only define the types of databases and categories of data the US can access. Each capital will then negotiate with Washington exactly which national databases — and which citizens' data — US authorities can ultimately reach.

What data could be transferred?

According to a Commission document outlining the negotiating position, the categories are broad:

• Data on ethnic origins
• Political opinions
• Religious or philosophical beliefs
• Genetic and biometric information

The same document states such data should only be transferred "where strictly necessary and proportionate" to prevent criminal or terrorist offences, with safeguards attached — especially limits on how long the US can store the information.

Was there pushback from EU capitals?

Very little. Despite strained EU-US relations over trade and rule-of-law disputes, governments granted the Commission its negotiating mandate at a meeting on 16 December 2025. A diplomatic note obtained by Euractiv shows only one country was still arguing for a "red line" at that stage.

Neither the current Council presidency (Cyprus) nor the Commission answered Euractiv's questions about reservations regarding giving the current US administration access to such sensitive data.

The timing is sensitive. The US has already sanctioned Commission officials and EU citizens involved in lawmaking and advocacy work, and the Trump administration forcibly removed Venezuelan President Nicolás Maduro to face prosecution on US soil at the start of this year. The US is also reportedly considering requiring visa-exempt visitors to hand over five years' worth of social media posts before entry.

What does the data protection supervisor say?

European Data Protection Supervisor Wojciech Wiewiórowski, who oversees the Commission's compliance with data protection rules, warned in a September 2025 opinion that the EBSP would set an "important precedent" as the first EU agreement to transfer large volumes of personal data to another country's border authorities.

Wiewiórowski said he supports establishing an EU-US framework and suggested it could improve protection of fundamental rights. But he argued the deal must be based on "clearly and narrowly" defining which data can be transferred — and, in particular, that only data relating to people actually travelling to the US should be shared.

The Commission and Council have said data exchange should be limited to travellers. The exact conditions, however, will be negotiated directly with Washington.

How fast is the timeline?

Fast. A leaked Council document shows the US expects data access to be in place and operational by the end of this year.

For EU citizens, the practical consequence is clear: fingerprints, facial scans and other sensitive personal data held in national databases could soon be queried by US border authorities as a condition of visa-free entry. Travellers do not need to do anything new yet — no application step, fee or deadline has been announced — but the underlying data-sharing architecture may be live within months.

The Commission's negotiating position and the Council mandate are the official documents defining the scope of these talks; further details will depend on the bilateral agreements each EU capital concludes with Washington.