The PL SA brings a data protection perspective to FRA guidelines on the EES

The Personal Data Protection Office participated in the work of the European Union Agency for Fundamental Rights (FRA) on guidelines for the implementation of the Entry/Exit System (EES), contributing a perspective focused on personal data protection and fundamental rights.

The EU Agency for Fundamental Rights conducted research on the respect for fundamental rights in the context of implementing the EES, one of the key components of the Schengen acquis.

The Personal Data Protection Office took part in this research. These activities formed part of broader cooperation between EU institutions, bodies, and Member States aimed at ensuring that the development and operation of large‑scale EU information systems take place with full respect for fundamental rights. The exchange of experience between national supervisory authorities and EU agencies, along with jointly raised concerns and comments, became the starting point for developing guidelines on the protection of fundamental rights, which, according to FRA, are essential for the effective implementation of the EES.

The FRA guidelines are intended to support Member States in the operational functioning of the System. The guidance identifies potential risks to the rights of third‑country nationals and proposes mitigating measures.

Among other things, the guidelines state that third‑country nationals should receive clear and comprehensible information about how the EES operates, as well as about their rights and obligations. National authorities should establish information points, provide multilingual support, and conduct broad information campaigns about the System. The guidelines also recommend implementing effective queue management, ensuring appropriate waiting conditions and access to sanitary facilities, and preparing contingency procedures to guarantee dignified treatment at border crossings, especially in situations involving significant delays.

The Entry/Exit System was launched on 12 October 2025, with data collection being gradually introduced at external borders. Full implementation of the EES is planned by 10 April 2026. The System replaces traditional passport stamping with automated collection and verification of data relating to short‑term stays of third‑country nationals. The European Commission estimates that the EES will record around 300 million border crossings by third‑country nationals each year.

In the latest UODO Bulletin (No. 1/2026), we publish the full text of the guidelines (for the Border Guard and for management staff). The guidelines in their original language can be read on the FRA website.