POLICY BRIEF: 2026-09-24
⏱ 3 min read

Executive Summary

A proposed data-sharing agreement between the EU and Israel has sparked significant legal and ethical concerns, particularly regarding its application in occupied territories. Leaked documents reveal potential violations of international law, raising questions about human rights and the implications for migrants and refugees in these regions.

The European Union (EU) has long sought to strengthen its international partnerships to combat organized crime and terrorism. Europol, the EU’s law enforcement agency, has prioritized collaboration with non-EU countries, including Israel, since 2005. In 2018, a working arrangement was signed, allowing limited cooperation but excluding the exchange of personal data.

However, a new agreement, negotiated in 2022, aims to expand this partnership by enabling the transfer of personal data. This draft agreement has faced scrutiny due to its potential application in territories occupied by Israel since 1967, including the West Bank, East Jerusalem, the Golan Heights, and Gaza. These areas are internationally recognized as occupied, and their inclusion in the agreement has raised alarms about compliance with international law and human rights standards.

Legal and Ethical Challenges: The leaked legal opinion from the EU Council’s legal service highlights significant concerns. The draft agreement includes provisions allowing Israel to use personal data in occupied territories under certain conditions, such as imminent threats to life. However, this derogation conflicts with international law, including the Palestinian people’s right to self-determination and the Vienna Convention on the Law of Treaties. Such provisions could set a dangerous precedent for international agreements.

Geopolitical Motivations: The EU’s pursuit of this agreement reflects its broader strategy to enhance security cooperation. However, the timing of these negotiations, coinciding with the formation of a far-right coalition government in Israel, has raised questions about the EU’s commitment to its own principles. Critics argue that legitimizing such agreements could undermine the EU’s stance on human rights and its opposition to Israel’s occupation policies.

Institutional Accountability: The leaked documents also reveal procedural shortcomings. The European Commission, responsible for negotiating the deal, has been accused of failing to keep the Council adequately informed. This lack of transparency has fueled mistrust among EU member states and raised concerns about the Commission’s adherence to its mandate.

Impact on Migrants

The EU-Israel data-sharing agreement represents a critical juncture for migration policy and international law. While security cooperation is essential, it must not come at the expense of human rights and legal principles. The EU must carefully navigate these challenges to uphold its values and protect vulnerable populations.