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Geopolitics

EU-US Security Data Exchange Proposal Exceeds Mandate — GDPR Conflict Flagged

BY INSIDE PRACTICE · AUGUST 27, 2026 · 1 MIN READ

A separate Statewatch analysis published in May flagged that an EU-US data exchange proposal — under negotiation since December 2025, covering identity verification and security screening data for border procedures and visa applications — manifestly violates EU law, according to civil liberties researchers. The European Commission's proposal, obtained by Statewatch, exceeds the limited negotiating mandate granted by the Council and conflicts with essential data protection safeguards set by European Data Protection Authorities. The proposal affects cross-border travel and immigration data touching any US-EU border interaction. Law firms advising clients on immigration, travel programs, HR data, or US government contracts involving EU nationals should monitor the EDPB's formal response to this proposal; if adopted in current form, it could trigger compliance obligations at odds with existing GDPR frameworks and create litigation exposure for companies relying on transferred personal data.

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