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Cabinet d'avocats Altea
Slide One

Immigration Law
Belgian nationality law
Private international Family Law

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short-stay visa Belgium

Recording of Data at the Borders: The EES System is the New Face of European Borders

Since October 12, 2025, travelling to Belgium from a non-EU country is no longer quite the same. The European Entry/Exit System (EES) has entered into force. This is an automated mechanism designed to electronically record crossings at the external borders of the Schengen area.

This represents a major technological shift. Each non-European national travelling for a short stay (maximum 90 days within 180 days) — whether visa-exempt or holding a short-stay visa — will now, in principle, have their fingerprints and facial image recorded, along with their entry and exit dates. Even entry refusals will be logged. The declared purpose of this revolution is to secure borders, prevent overstays, and modernize border controls.

This new system will inevitably have practical consequences in Belgium. Its implementation will particularly affect Brussels Airport (Zaventem), maritime ports, and land border points. In the short term, travellers should expect longer waiting times to enter or leave the country. The collection of fingerprints and facial photos is likely to slow down passenger flows, especially for occasional travellers and families. Tourists, students, and family visitors should anticipate these delays, as should Belgians inviting foreign relatives.

However, the most concerning aspect lies elsewhere. For Belgian authorities, the EES will provide perfect traceability of short stays. Any overstays will be automatically detected, strengthening the enforcement of refusals of stay or entry bans — even though certain overstays may be excusable, justified, or due to force majeure. It is clear that overstays authorized by the Immigration Office, for instance for medical reasons, must be duly taken into account. Not every overstay is an abuse. Automated registration can never legally replace a human, proportionate, and individualized assessment of a situation.

Moreover, the massive recording of biometric data raises sensitive questions: who will have access to this data? How long will it be retained?
Although the system is governed by EU data protection law (GDPR), the risk of excessive profiling and administrative errors remains real, with potentially serious consequences for affected travellers. The Immigration Office, particularly the short-stay department, will therefore need to remain accessible and vigilant in order to correct potential administrative errors arising from such automation.

For legal practitioners, including immigration lawyers, it will be essential to closely monitor the concrete effects of this enhanced and automated short-stay control system on fundamental rights, freedom of movement, and the proportionality of enforcement.

A technological advance, certainly — but one to be handled with vigilance: efficiency must never come at the expense of rights.

Céline Verbrouck
Attorney at the Brussels Bar
Specialized in Immigration Law, Nationality Law, and International Family Law
www.altea.be
+32 2 894 45 70
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