Pre-registration for EES at Berlin Brandenburg Airport (BER) is now possible.

The familiar sound of a physical stamp in a passport , which determines the success of entry into Germany, will soon be a thing of the past. What might sound romantic actually represents a technological revolution with profound legal consequences. At Berlin Brandenburg Airport (BER), a new era began on January 28, 2026: Travelers from non-EU countries can now pre-register at self-service kiosks before even encountering border officials. While this may superficially appear to be a mere increase in convenience, it conceals the gradual implementation of the European Entry/Exit System (EES) .

The technological leap in border control

Since December 2, 2025, the Electronic Identity System (EES) has been in operation at Berlin Brandenburg Airport (BER), but until now, biometric data was collected exclusively at staffed counters of the Federal Police. With the introduction of kiosks, the data collection process is shifting. Third-country nationals permitted to stay in the Schengen Area for up to 90 days within any 180-day period scan their passports and have their faces biometrically captured. This data is immediately available to Federal Police officers, reducing processing time by an estimated 30 percent . We are closely monitoring this rollout, as nationwide implementation in Germany is scheduled for completion by April 10, 2026. Although fingerprinting at the kiosks is not expected until March due to pending software certifications, the digital infrastructure is already proving to be a practical tool for managing migration.

The legal classification of the 90/180-day rule

The legal basis for these checks is primarily found in the Schengen Borders Code (SBC) . In particular, Article 6 of the SBC defines the entry requirements for third-country nationals. The 90/180-day rule enshrined therein is the core of the short-term stay. Previously, verifying this rule relied on the laborious process of reviewing entry and exit stamps . With the Electronic Travel Authorization (EEA), this process is automated in accordance with Regulation (EU) 2017/2226. The system calculates the remaining permitted length of stay in real time. From a legal perspective, this effectively shifts the burden of proof: Whereas previously ambiguities in the passport could often be interpreted in favor of the traveler or simply went undetected, the EEA now provides an irrefutable digital history. An " overstay ," i.e., exceeding the permitted length of stay, is thus immediately detected and flagged by the system.

Risk management for companies and mobility managers

For companies that send employees to Germany for short-term projects or business meetings , the compliance situation is becoming significantly more challenging. Mobility managers must be prepared for the authorities' tolerance for errors to plummet to virtually zero . A violation of the permitted length of stay constitutes a criminal offense or at least an administrative offense under Section 95 of the German Residence Act (AufenthG) . We strongly advise proactively auditing employee travel histories. Relying on travelers' rough estimates is no longer sufficient. Professional day-count calculators should be standard practice to prevent unintentional violations. An automated hit in the Entry Emission System (EES) can not only lead to substantial fines but also severely restrict or even prevent future entries through entry and residence bans under Section 11 of the German Residence Act.

Outlook on nationwide implementation

The Berlin Brandenburg Airport (BER) is just the tip of the iceberg of a development that will fully encompass Frankfurt, Munich, and Hamburg in the coming weeks. Pilot projects will even be launched soon at the land borders with Poland and Switzerland. The digital networking of border crossings means that "visa hopping" or exploiting loopholes at smaller border crossings will be technically prevented . As a law firm, we see this as a professionalization of border security, which, however, requires equally professional data management on the part of travelers. Anyone who underestimates the digitalization of borders today risks their global mobility tomorrow.

Conclusion of our law firm

The introduction of self-service kiosks at BER airport sends a clear signal: the digitalization of migration law has arrived in operational reality. The EES (Electronic Entry System) creates transparency, but at the same time increases the pressure to comply with the 180-day deadline. We strongly recommend that all internationally operating companies and affected individuals adapt their travel processes to these new technological requirements. A digitally recorded overstay is a stain on a migration history that is difficult to rectify. Precise documentation is the only reliable legal protection in this regard.