Fundamental rights safeguards crucial for the smooth roll-out of the EU Entry/Exit System, warns FRA

The gradual introduction of the EES will begin on 12 October. FRA has published guidance to help Member States implement and operate the new EES in full respect of fundamental rights:

• A Guide for managers responsible for the roll-out and overall functioning of the system;
• A Guide for border guards responsible for operating it.

The guides identify risks that may affect the fundamental rights of non-EU nationals at borders, and present some mitigating measures:

• Right to information: Non-EU nationals must be informed about the EES, their rights and obligations. National authorities should set up information points, provide multilingual support and promote the EES information campaign.
• Dignified treatment at borders: To ensure dignified treatment at borders, particularly during long delays, authorities should put in place effective queue management, adequate shelter, water and sanitation facilities, and emergency protocols.
• Data protection: The EES processes sensitive personal and biometric data. This must be accompanied by robust oversight and effective ways for passengers to access and correct their own data in case of mistakes. Authorities should conduct data protection impact assessments and train officers in confidentiality, data protection, and correcting inaccurate data.
• Biometric data processing: Biometric data must be collected and processed lawfully, while respecting cultural and individual considerations. Officers should be trained to capture data in a dignified and non-discriminatory way. Authorities must put in place high-quality IT infrastructure and adhere to the strict EU data security standards.
• Supporting people with specific needs: Authorities should identify and provide tailored support to passengers with specific needs, including children, families, older people, and people with disabilities. Authorities should set up accessible queue and self-service facilities, which accommodate their needs.
• Fundamental rights compliance: Inaccurate or incomplete data may result in law enforcement actions that undermine people's rights. Authorities should establish systems to correct or erase data and train staff on respectfully handling overstayers as well as asylum applicants.
• Fundamental rights training: Border staff must receive regular training on fundamental rights issues, including data protection, child- and gender-sensitive approaches to biometric data collection, and guidance for treating people with dignity and respect, with special attention to vulnerable groups.

The Entry/Exit System (EES) will replace passport stamping with automated data collection and verification for short stays of non-EU nationals. The system will begin operations on 12 October 2025, with data collection gradually introduced at external borders and full implementation by 10 April 2026. More details are available through the EES information campaign.

FRA supports the EU and its Member States in ensuring that fundamental rights are respected in the design and use of large-scale IT systems. The Agency also runs an information platform on fundamental rights and EU IT systems and contributes to training exercises.