The US has given the European Union an ultimatum – grant access to sensitive police data or else lose access to visa-free travel for EU citizens.
The European Union is in negotiations with the United States about an ‘Enhanced Border Security Partnership’ (EBSP) that could come with serious ramifications for travellers.
If the EU were to sign-on to the partnership as written by President Donald Trump’s administration, the US government would gain access to sensitive data gathered by European authorities, including from police databases.
But if the EU fails to reach an agreement with the US by the end of the year, then EU citizens could lose visa-free access to the US. That would mean that any EU national travelling to the US, even for a short holiday, would need to go through the full process to gain a visa.
Currently citizens from most EU countries (excepting Bulgaria, Cyprus and Romania) can travel to the US visa-free under the US’s Electronic System for Travel Authorisation (ESTA) visa-waiver program.
Similar to the UK’s ETA programme, travellers from accepted countries can apply for an ESTA online and receive a permit to stay in the US for up to 90 days without going through the more complicated and expensive visa application process.
The US Department of Homeland Security screens ESTA applicants against US law enforcement and security databases. It may also screen their social media profiles if these are provided in the application.
What are the proposed terms of the Enhanced Border Security Partnership?
Towards the end of 2025, US border authorities proposed updates to the ESTA programme, including a demand that all countries wishing to continue participating should agree to the new Enhanced Border Security Partnership (EBSP).
Countries that currently benefit from ESTA include the UK, Australia, New Zealand, Japan and most of the EU nations – find the full list here.
On December 16th, the European Council made the decision to allow the European Commission to start negotiations with the US toward that end.
If the Commission agrees to the EBSP as it has been proposed, US authorities would gain access to EU police databases. These databases include biometric data, such as fingerprints and images, as well as criminal histories or even potentially sensitive information about people suspected of – but never convicted of – a crime.
A briefing published by the European Parliament on April 22nd confirms that the Commission is negotiating a framework agreement that “would apply to all EU countries, except Ireland, which is not in the Schengen zone, and Denmark, which has an opt-out.”
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Major concerns
Concerns about the agreement have been raised by data protection watchdog groups and some EU leaders.
A group of EU MPs penned an open letter to the Commission President and the Commissioner for Internal Affairs and Migration, which said that granting access to these national databases would be “unprecedented” and “quite impactful”.
Watchdog group Statewatch published analysis on May 1st suggesting that the Commission’s current proposal violates EU law.
“Anyone’s data exchanged under this proposed agreement could be used for a wide range of purposes…[including] arresting people…who have voiced opposition to US policies,” Statewatch wrote.
The US’s pressure on the EU, and other countries, to agree to the EBSP comes alongside a push to mandate that travellers to the US share additional personal information including social media activity.
In October, US border authorities had proposed an update to the ESTA process that would mandate applicants to provide details of their social media activity over the past five years and information on family members.
Tight deadline
The Trump administration has set December 31st, 2026 as the deadline by which countries must agree to its EBSP proposal, or else lose ESTA access.
The looming deadline pressures the EU to act quickly or else risk losing visa-free travel to the US for the citizens of its member states.
The Commission’s proposed framework agreement would need to be approved by both the European Parliament and Council, which is normally a long process.
According to parliament’s latest briefing, EU member states would then decide what data and databases they wish to include in the information exchange with US authorities.
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