BRUSSELS — The European Union is pressing ahead with talks to grant United
States border authorities unprecedented access to Europeans’ data, despite
growing concerns about American surveillance.
The European Commission is brokering a deal to exchange
information about travelers, including fingerprints and law enforcement
records, so the U.S. can determine if they “pose a risk to public security or
public order,” according to official documents.
Commission officials flew to Washington last week for the first round of
negotiations, according to two people familiar with the matter.
The Trump administration’s request for deeper access comes after the U.S. border
agency in December proposed reviewing five years of social media history. Talks
are happening as the U.S. Immigration and Customs Enforcement (ICE) service is
under heavy scrutiny for its use of surveillance technology against protesters
in cities such as Minneapolis.
The negotiations should be “put on hold” until the security and privacy of
citizens in the EU and U.S. can be guaranteed, liberal European Parliament
member Raquel García Hermida-van der Walle said in an interview.
Romain Lanneau, a legal researcher with surveillance watchdog Statewatch, said
police databases in Europe could contain information on anyone from protesters
to journalists who might be considered a “threat,” and that — under the deal
being discussed — this information would be at the fingertips of U.S. border
authorities who could refuse those people entry to the United States or even
detain them.
European regulators are “very cautiously looking at what’s happening in the
United States,” Wojciech Wiewiórowski, the EU’s in-house data protection
supervisor, told POLITICO. Europe “has to be careful” about how it allows the
data of Europeans to flow to the U.S., he said.
Hermida-van der Walle in January co-signed a letter by six prominent lawmakers
calling on the Commission to stand down given the “current geopolitical
context,” despite Washington’s admonition that failure to reach a deal will mean
Europeans lose access to its visa waiver program.
UNPRECEDENTED ACCESS
The U.S. is seeking access to information including biometric data such as
fingerprints that is stored on national databases in European countries,
according to an explanatory note sent to national experts. The data would be
used to “address irregular migration and to prevent, detect, and combat serious
crime and terrorist offences,” the note said.
In an earlier opinion on the deal, the European Data Protection Supervisor
(EDPS) — a watchdog that advises the Commission on privacy policies — noted the
deal would be the first of its kind to enable “large-scale sharing of personal
data … for the purpose of border and immigration control” with a non-EU country.
The Commission would negotiate a framework deal that would serve as a template
for bilateral agreements called Enhanced Border Security Partnerships (EBSPs),
which national governments agree with Washington. EU countries in December
signed off on the Commission’s request to start talks with the U.S.
Washington is pressuring its EU counterparts by imposing a deadline for the
bilateral deals to be agreed by the end of 2026. If countries fail to reach a
deal with the U.S. they risk being cut from the latter’s visa waiver program.
The U.S has made it mandatory for all countries that are part of the visa waiver
program to have an EBSP in place.
“The pressure which the United States is extorting on our member states, the
threats that if you don’t agree with this we will cancel your access to the visa
waiver program, that is an element of blackmail that we cannot let go,”
Hermida-van der Walle said.
The EDPS watchdog has cautioned that the scope of data sharing should be as
narrow as possible, with clear justifications for every query; transparency
around how the data is used; and judicial redress available in the U.S. for any
person.
Commission spokesperson Markus Lammert emphasised at a recent press briefing
that the framework being negotiated will involve “clear and robust safeguards on
data protection,” and will ensure “a non-systematic nature of the information
exchange and that the exchange is limited to what is strictly necessary to
achieve the objectives of this cooperation.”
US PRIVACY UNDER PRESSURE
Access to the data is the latest issue putting pressure on a troubled
relationship between the U.S. and the EU on data privacy.
Since whistleblower Edward Snowden in 2013 revealed U.S. mass surveillance
practices affecting Europeans, the EU has tightened controls on how Washington
handles Europeans’ data.
Since the return of Donald Trump as president last year, officials and rights
groups have deplored a move by the U.S. administration to gut a key privacy
watchdog tasked with overseeing privacy safeguards in place to protect
Europeans.
The Trump administration has also been ramping up mass
surveillance of citizens by federal agencies like ICE, including through
contracts with Israeli spyware company Paragon, surveillance giant Palantir and
other firms.
Capgemini, a prominent French IT firm, on Sunday said it was selling off its
American activities after it faced political backlash from the French government
that its software was being used by ICE authorities.
Civil rights groups, lawmakers and other watchdogs fear the new EU-U.S. data
sharing deals would add to backsliding on privacy rights.
“The current initiatives are being presented as toward counter-terrorism, but a
lot of them are actually adopted for the chilling effect [on political
activism],” Statewatch’s Lanneau said.
Hermida-van der Walle, the liberal lawmaker, warned: “If people have to go to
the United States, if it’s not a choice but something that they have do, there
is a risk of self-censoring.”
“This comes from an administration who claims to be the biggest defender of free
speech. What they’re doing with their actions is curtailing the possibility of
people to express themselves freely, because otherwise they might not get
access into the country,” she said.
Tag - Big data
BRUSSELS — The European Commission said it is “not empowered to take action”
amid concerns about the appointment of a former tech lobbyist to Ireland’s
privacy regulator.
The Irish Council for Civil Liberties — a non-profit transparency campaign group
— on Tuesday filed a complaint calling on the Commission to launch an inquiry
into how Niamh Sweeney was appointed to co-lead the Irish Data Protection
Commission.
Citing reporting from POLITICO, the complaint alleges the appointment process
“lacked procedural safeguards against conflicts of interest and political
interference.”
It’s the first formal challenge to the decision after Sweeney took up her
role as one of three chief regulators at Ireland’s top data regulator this
month. Her prior experience as a lobbyist for Facebook and WhatsApp reignited
concerns that the regulator is too close to Big Tech.
In response to the complaint, Commission spokesperson Guillaume Mercier said
that “it is for the member states to appoint members to their respective data
protection authorities.”
The Commission “is not involved in this process and is not empowered to take
action with respect to those appointments,” Mercier told a daily press briefing
Tuesday.
He emphasized that countries do need to respect requirements set out in EU law —
that the appointment process must be “transparent,” and that those appointed
should “have the qualifications, the experience, the skills, in particular in
the protection of personal data, required to perform their duties and to
exercise their powers.”
The complaint asked the Commission to look into the appointment as part of its
duties to oversee the application of EU law, claiming these responsibilities had
not been met by Ireland.
Sweeney was appointed by the Irish government on the advice of the Public
Appointments Service, the authority that provides recruitment services for
public jobs, which has previously expressed its full confidence in the process.
The Dutch data protection watchdog has warned voters not to ask artificial
intelligence chatbots for voting advice ahead of the country’s general election
next week.
“AI chatbots give a highly distorted and polarized image of the Dutch political
landscape in a test,” the data protection watchdog warned in a study published
on Tuesday.
“We warn not to use AI chatbots for voting advice, because their operations are
not transparent and verifiable,” Monique Verdier, vice-chair of the authority,
said in a statement. She called upon the chatbot developers to “prevent that
their systems are being used for voting advice.”
Dutch voters elect a new parliament next Wednesday.
The Dutch data protection authority ran an experiment on how parties were
portrayed in voting advice across four different chatbots, including OpenAI’s
ChatGPT, Google’s Gemini, Elon Musk’s Grok and French Mistral AI’s Le Chat.
The authority set up profiles that matched different political parties (based on
vetted Dutch voting-aid tools), after which it asked the chatbots to give voting
advice for these profiles.
Voter profiles on the left and progressive side of the spectrum “were mostly
directed to the GreenLeft-Labor” party led by former European Commission
Executive Vice President Frans Timmermans, while voters on the right and
conservative side “were mostly directed to the PVV,” the far-right party led by
Geert Wilders that is currently leading in the polls.
Centrist parties were hardly represented in the voting advice, even though these
parties were represented equally in the voter profiles fed to the chatbots.
OpenAI, Google and Mistral have all signed up to the EU’s code of practice for
the most complex and advanced AI models, while Grok’s parent company xAI has
signed up to parts of it. Under the code, these companies commit to address
risks stemming from their models, including risks to fundamental rights and
society.
The Dutch authority argued that chatbots giving voting advice could be
classified as a high-risk system under the EU’s AI Act, for which a separate set
of rules will start to apply from mid-next year.
TIRANA — Albania has become the first country in the world to have an AI
minister — not a minister for AI, but a virtual minister made of pixels and code
and powered by artificial intelligence.
Her name is Diella, meaning sunshine in Albanian, and she will be responsible
for all public procurement, Prime Minister Edi Rama said Thursday.
During the summer, Rama mused that one day the country could have a digital
minister and even an AI prime minister, but few thought that day would come
around so quickly.
At the Socialist Party assembly in Tirana on Thursday, where Rama announced
which ministers would get the chop and which would stay on for another mandate,
he also introduced Diella, the only non-human member of the government.
“Diella is the first member not physically present, but virtually created by
artificial intelligence,” he told party members.
Rama stated that decisions on tenders would be taken “out of the ministries” and
placed in the hands of Diella, who is “the servant of public procurement.” He
said the process will be “step-by-step,” but Albania will be a country where
public tenders are “100 percent incorruptible and where every public fund that
goes through the tender procedure is 100 percent legible.”
“This is not science fiction, but the duty of Diella,” he said.
Diella has already been introduced to Albanian citizens as she powers the
country’s e-Albania platform, which allows citizens to access almost all
government services digitally. She even has an avatar, appearing as a young
woman dressed in traditional Albanian clothing.
Diella will evaluate tenders and have the right to “hire talents here from all
over the world,” while breaking down “the fear of prejudice and rigidity of the
administration.”
Albania has long battled with corruption, particularly in public administration
and in the area of public procurement. The matter has been repeatedly
highlighted by the European Union in its annual rule of law reports.
Rama swept to a historic fourth mandate in May 2025, on a ticket of joining the
bloc by 2030.
BRUSSELS — Two of Europe’s tech powerhouses tied the knot on Tuesday in a
landmark deal that bolsters a push by politicians to reduce reliance on the
United States for critical technology.
Dutch microchips champion ASML confirmed it was investing €1.3 billion in French
AI frontrunner Mistral, one of the few European companies that is able to go
head-to-head with U.S. leaders like OpenAI and Anthropic on artificial
intelligence technology.
It’s a business deal soaked in politics.
Officials from Brussels to Paris, Berlin and beyond have called for Europe to
reduce its heavy reliance on U.S. technology — from the cloud to social media
and, most recently, artificial intelligence — under the banner of “tech
sovereignty.”
“European tech sovereignty is being built thanks to you,” was how France’s
Junior Minister for Digital Affairs and AI Clara Chappaz cheered the deal on X.
Europe has struggled to stand out in the global race to build generative AI ever
since U.S.-based OpenAI burst onto the scene in 2022 with its popular ChatGPT
chatbot. Legacy tech giants like Google quickly caught up, while China proved
its mettle early this January when DeepSeek burst onto the scene.
European politicians can showcase the ASML-Mistral deal as proof that European
consumers and companies still can rely on homegrown tools. That need has never
been more urgent amid strained EU-U.S. ties under Donald Trump’s repeated
attacks against EU tech regulation.
But the deal also illustrates that while Europe can excel in niche areas, like
industrial AI applications, winning the global consumer AI chatbot race is out
of reach.
EUROPE KEEPS CONTROL
Tuesday’s deal brings together two European companies that are most closely
watched by those in power.
ASML, a 40-year-old Dutch crown jewel, has grown into one of the bloc’s most
politically sensitive assets in recent years. The U.S. government has repeatedly
tried to block some of the company’s sales of its advanced microchips printing
machines to China in an effort to slow down Chinese firms.
Mistral is only two years old but has been politically plugged in from the
start, with former French Digital Minister Cédric O among its co-founders.
When the company faced the need to raise new funding this summer, several
non-European players were floated as potential backers, including the Abu
Dhabi-based MGX state fund. There were even rumors Mistral could be acquired by
Apple.
Apple’s acquisition of Mistral would have been “quite negative” for Europe’s
tech sovereignty aspirations, said Leevi Saari, EU policy fellow at the
U.S.-based AI Now Institute, which studies the social implications of AI. “The
French state has no appetite [for] letting this happen,” he added.
Getting financing from an Abu Dhabi-based fund, conversely, would have
reinforced the perception that Europe can provide the millions in venture
capital funding needed to start a company, but not the billions needed to scale
it.
With this week’s €1.7 billion funding round led by ASML, Europe’s tech
sovereignty proponents can breath a sigh of relief.
“European champions creating more European champions is the way to go forward
and it needs further backing from the EU,” said Dutch liberal European
Parliament lawmaker Bart Groothuis in a statement.
The deal is also what officials, experts and the industry want to see more of:
one where startups are backed by an established European corporation rather than
a venture capitalist.
“A European corporation finally investing massively in a European scale-up from
its industry, even [if] it [is] not directly tied to its core business,” said
Agata Hidalgo, public affairs lead at French startup group France Digitale,
on Linkedin.
A French government adviser, granted anonymity to speak freely on private deals,
said they felt “hyped” by the news after months of uncertainty due to Mistral’s
refusal to publicly deny talks with Apple.
The deal is also expected to avoid any close scrutiny from Europe’s powerful
antitrust regulators, which in the past have intervened in mergers and deals to
keep the market competitive. Tuesday’s deal is not a full takeover and does not
need merger clearance.
Nicolas Petit, a competition law professor at the European University Institute,
said there was “nothing to see here unless the EU wants to shoot itself in the
foot with a bazooka.”
“It’s a non-controlling investment, and neither ASML [nor] Mistral AI compete in
any product or service market,” he added.
REALITY CHECK
While the incoming Dutch investment goes a long way toward keeping Mistral in
European hands, it also determines the path forward for the French artificial
intelligence challenger.
Mistral had already been struggling “to keep up with the race for market share”
with other large language models, Saari claimed in a blogpost published last
week, in which he cited numbers suggesting that Mistral’s market share is
“around 2 percent.”
“Mistral was known to face challenges both technically and in finding a business
model,” said Italian economist Cristina Caffarra, who has been leading the
charge for European tech sovereignty through the Eurostack movement. “It’s great
they found a European champion anchor investor” that will, in part, “protect
them from the [venture capital] model.”
Tuesday’s deal could mean that Mistral will get more support to work on
industrial applications instead of a consumer-facing chatbot that venture
capitalists like to propagate.
“With Mistral AI we have found a strategic partner who can not only deliver the
scientific AI models that will help us develop even better tools and solutions
for our customers, but also help us to improve our own operations over time,”
ASML CEO Christophe Fouquet wrote in a post on Linkedin.
ASML’s main customers are the world’s biggest microchips manufacturers,
including Taiwan’s TSMC and America’s Intel. The company also has a wide network
of industrial suppliers, which could be leveraged as well.
For Mistral, catering to European industrial applications could strengthen its
business. But it could also be seen as a tacit admission that in the global AI
race, Europe has to pick its battles.
Francesca Micheletti and Océane Herrerro contributed reporting.
Ireland’s Data Protection Commission (DPC) has launched a fresh inquiry into
TikTok’s transfers of personal data to Chinese servers, it said Thursday,
following on from its investigation that led to a €530 million fine against the
company in April.
The Irish regulator in April was informed by TikTok of an issue that meant a
limited amount of EU user data had been stored on servers in China, an issue it
said it discovered in February.
The discovery contradicted the firm’s long-held position that personal data of
EU users was only accessed remotely by the platform’s staff in China. But it
came only just before the investigation concluded. Because of this, the DPC did
not investigate it fully.
The regulator in April fined TikTok for not sufficiently protecting EU personal
data from Chinese state surveillance.
The DPC earlier this year expressed “deep concern” that TikTok submitted
“inaccurate information to the inquiry.”
In a statement on Thursday, it said it had decided to open a new inquiry into
the personal data transfers to servers in China after consulting with other data
protection authorities in Europe.
The Irish regulator said the inquiry will focus on whether TikTok has complied
with its obligations under the EU’s General Data Protection Regulation,
including articles relating to accountability, transparency, cooperation with
supervisory authorities and compliance with rules around data transfers outside
of the EU.
TikTok was notified earlier this week about the Irish DPC’s decision to launch a
fresh inquiry.
The company has been contacted for comment.
A group of 46 leaders of Europe’s largest companies are calling on Brussels to
pause the implementation of the Artificial Intelligence Act, in an open letter
on Thursday.
“We urge the Commission to propose a two-year ‘clock-stop’ on the AI Act before
key obligations enter into force,” the group of C-suite leaders wrote.
The letter was signed by companies including Airbus, TotalEnergies, Lufthansa,
ASML, Mistral and other giants across a wide range of industries.
The landmark tech regulation has come under scrutiny in Brussels as part of an
effort by European Union officials to cut red tape to boost its economy. The AI
Act in particular has faced intense lobbying pressure from American tech giants
in past months.
European Commission tech chief Henna Virkkunen told POLITICO this week she would
make a call on whether to pause the implementation by end August if standards
and guidelines to implement the law are not ready in time.
The chief officials lamented that “unclear, overlapping and increasingly complex
EU regulations” is disrupting their abilities to do business in Europe. A pause
would signal that the EU is serious about simplification and competitiveness to
innovators and investors, they added.
The pause should apply both to provisions on general-purpose AI that take affect
on August 2, as well as systems classified as high-risk, that have to apply the
rules in August 2026, the letter said.
WhatsApp plans to roll out a new advertising model in the coming months, but the
company has told Ireland’s privacy regulator that it won’t affect the EU until
next year.
WhatsApp owner Meta announced the launch of new features in WhatsApp’s “Updates”
tab on Monday, including targeted advertisements and a subscription model. It
said the features would start to appear for users “over the next several
months.”
The announcement immediately raised concern among privacy organizations, in
particular the fact that Meta will also use “ad preferences and info” from
across people’s Facebook and Instagram accounts, where they are linked to
WhatsApp.
Speaking to reporters on Thursday, the Irish Data Protection Commission,
responsible for enforcing the EU’s General Data Protection Regulation against
Meta, said that it has been informed by WhatsApp that its advertising model
won’t roll out in the EU until 2026.
“That new product won’t be launching [in] the EU market until 2026. We have been
informed by WhatsApp and we will be meeting with them to discuss any issues
further,” said Commissioner Des Hogan.
He added that the advertising model will be discussed with other data protection
authorities “so that we can reflect back any concerns which we have as European
regulators.”
A spokesperson for WhatsApp confirmed that the advertising model is a “global
update, and it is being rolled out gradually around the world.”
Meta said in the announcement that the new features are built “in the most
privacy-oriented way possible,” and has emphasized that sharing of data between
WhatsApp, Instagram and Facebook will only happen when users have opted in to
having their accounts linked.
The U.S. social media giant previously paused the rollout of flagship artificial
intelligence technology in the EU over privacy concerns from the Irish
regulator.
Commissioner Dale Sunderland said that regarding WhatsApp’s advertising model,
they “haven’t had that sort of conversation” with the company.
“We’re still early days, we’ll engage as we do with every other new feature, new
issue that they bring to us … and at this stage, it’s too early to say what, if
any, will be any red line issues,” he said.
BRUSSELS — The European Union’s most iconic tech law was long thought to be
untouchable.
Those days are over.
The EU executive on Wednesday will present its plan to amend the General Data
Protection Regulation, GDPR for short, to ease reporting requirements for small
and cash-strapped businesses. That same evening, EU officials are negotiating
the final details of a separate law that’s meant to fix some of what’s seen as
the GDPR’s original design flaws.
It’s the latest law to fall victim to the European Commission’s drive to slash
red tape and “simplify” EU legislation for the benefit of businesses and growth.
The EU’s landmark economic report by former Italian Prime Minister Mario Draghi
warned in September that Europe’s complex laws were preventing its economy from
keeping up with the United States and China. Draghi singled out the GDPR in
particular as hampering innovation.
Digital rights groups and EU insiders often praise the GDPR for setting the
global standard for the protection of privacy. For many businesses, though, it
is seen as a symbol of costly, burdensome EU rules.
But changing the GDPR threatens to topple a delicate balance between privacy
activists and business lobbies in Brussels.
Mario Draghi singled out the GDPR in particular as one of the laws hampering
innovation. | Teresa Suarez/EFE via EPA
Negotiations on the GDPR from 2012 to 2016 triggered one of the biggest lobbying
efforts Brussels has ever seen. Since it took effect in 2018, the EU has steered
clear of amending it, fearing it would reignite the vicious lobbying war.
The Commission has preempted some of those worries, saying its simplification
proposals will be limited to easing reporting requirements and won’t touch the
underlying principles of the GDPR.
A review of the law last summer showed “the need for greater support [for]
businesses, especially SMEs, in their compliance efforts,” Justice Commissioner
Michael McGrath said.
Emails seen by POLITICO earlier this month showed the proposal is expected to
extend reporting exemptions currently reserved for SMEs (with fewer than 250
employees) to mid-cap companies (with fewer than 500 employees). It would also
create more exemptions for these smaller businesses, freeing them from keeping
records or preparing privacy impact assessments.
On Wednesday evening, negotiators will head into final crunch talks to agree on
extra rules to speed up GDPR investigation procedures. The new rules aim to spur
sluggish cross-border data protection probes, which can drag on for years and
often involve Big Tech companies.
The goal is to set clearer ground rules for how national data protection
regulators work together, clarify the rights of complainants and those being
investigated during the process, and, crucially, set concrete deadlines for
investigations.
According to four people familiar with the negotiations, most of the text has
already been agreed, and the main things left to be hammered out on Wednesday
evening are the length of deadlines and judicial remedies.
The EU is unlikely to stop there in its efforts to trim its famed privacy law.
When consulting companies and experts about Wednesday’s proposal, the Commission
said there could be “possible future reflection on the application of the GDPR.”
In a separate consultation about an upcoming Data Union Strategy, it also
name-checked the GDPR as one law on the table for possible “consolidation.”
And countries have asked the EU executive to clarify how the new Artificial
Intelligence Act interacts with the GDPR, according to a document obtained by
POLITICO.
Pieter Haeck contributed reporting.
The United States should see the United Nations as something it can benefit
from, rather than charity, the body’s tech envoy said Tuesday.
The U.S. withdrew from several U.N. bodies, including its Human Rights Council.
Asked about the United Nations’ reaction, the U.N. Secretary General’s Envoy on
Technology Amandeep Singh Gill said the U.N. is critical for peace and security,
upholding human rights and advancing sustainable development.
“These efforts are not charity,” he told POLITICO’s AI & Tech Summit.
The U.N.’s programs and initiatives “benefit all of us … They might even benefit
partners in the global north more than those in the global south,” he said, in
part because global technology initiatives drive cross-border trade and
investment.
Gill echoed U.N. Secretary General António Guterres’s promise this week to cut
costs and streamline the body’s operations — an apparent response to the U.S.
administration cutting contributions and participation.
Gill said the U.N. will strive “to achieve more efficiency and effectiveness in
delivering value for member states.”