Commission Implementing Decision (EU) 2022/1337 of 28 July 2022 setting out the template for the provision of information to third-country nationals about the processing of personal data in the Entry/Exit System

Article 41(6).

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Your data will be stored in the Entry/Exit System for the following duration, after which it will be automatically erased:

If you are subject to visa requirement, your fingerprint will not be stored in the Entry/Exit system as they are already stored in the Visa Information System.

(1) records of each entry, exit or refusal of entry record are stored for 3 years starting on the date of the entry, exit, refusal of entry record;

In the case of third-country nationals who are family members of mobile EU, EEA or Swiss citizens (i.e. of EU EEA or Swiss citizens who travel to a State other than the State of their nationality or already reside there),and are accompanying or joining the EU, EEA or Swiss citizen, each entry, exit or refusal of entry record will be stored for one year following the date of the exit record or of the refusal of entry record.

(2) the individual file containing your personal data is stored for 3 years and one day starting from the date of the last exit record or of the refusal of entry record where is no entry recorded during that period;

(3) where there is no exit record, your data are stored for 5 years starting on the date of the expiration of your authorised stay.

Remaining authorised stay and overstay

You have the right to receive from the border guard information on the maximum remaining duration of your authorised stay on the territory of the Member States. You can also consult the following website [link to EES public website] or, where available, the equipment installed at borders to self verify your remaining authorised stay.

If you overstay the period of your authorised stay, your data will be automatically added to a list of identified persons (a list of overstayers). The list can be accessed by competent national authorities. If you are on this list of overstayers [consequences of being an overstayer to be added by the Member States].

The calculation of the duration of the authorised stay and the generation of alerts to Member States when the authorised stay has expired do not apply to third-country nationals who are family members of mobile EU, EEA or Swiss citizens (i.e. of EU EEA or Swiss citizens who travel to a State other than the State of their nationality or already reside there) and are accompanying or joining the EU, EEA or Swiss citizen

However, if you can provide credible evidence to the competent authorities that you exceeded the authorised duration of your stay due to unforeseeable and serious events, your personal data can be rectified or completed in the Entry/Exit System and you can be removed from the list of overstayers.

Your rights with regard to the processing of personal data

You have the following rights:

(1) to request from the controller access to data relating to you;

(2) to request that inaccurate or incomplete data relating to you is rectified or completed; and

(3) to request that unlawfully processed personal data that concerns you is erased or that the processing thereof is restricted.

If you want to exercise any of these rights listed in points (1) to (3), you must contact the data controller or data protection officer indicated below.

Contact details

Data controller(s): [address and contact details to be filled by MS – data controller].Data protection officer(s): [address and contact details to be filled by MS].

In line with the division of tasks between Member States’ authorities and the European agencies involved, you can lodge a complaint with:

Supervisory authority of [the Member State] which is in charge of processing your data (e.g. if you allege that they have recorded your data incorrectly):

[Member State specific information to be specified – address and contact details]

European Data Protection Supervisor for matters of data processing by European Agencies:

[contact details to be specified – address and contact details]

[Further information by Member States on rights of the data subjects or the possibility of assistance by the supervisory authorities]. For additional information please consult the Entry/Exit System public website [add link/name].