As preparations continue for the launch of the European Travel Information and Authorisation System (ETIAS) in autumn 2026, the ETIAS Fundamental Rights Guidance Board (EFRGB) (→eucrim 2/2024) is playing a key role in ensuring compliance with data protection and other fundamental rights. The EFRGB is an independent advisory body that monitors fundamental rights compliance in ETIAS, provides recommendations to the ETIAS Screening Board, and advises on specific rights issues. Its members include representatives from Frontex, the EDPS, the EDPB, and FRA.

At the beginning of November 2025, the EDPS announced that the EFRGB had issued a new guidance note on how to ensure an applicant's right to an effective judicial remedy in the context of ETIAS. The guidance note clarifies the procedural obligations that apply when negative ETIAS decisions are taken – in line with Art. 47 of the EU Charter of Fundamental Rights and relevant CJEU case law. It also addresses key requirements, e.g., providing clear reasons for decisions, granting access to files, and ensuring transparency when decisions rely on sensitive data or algorithmic profiling. This guidance is now being examined by national authorities and EU agencies as they prepare ETIAS for entry into operation.