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The Netherlands became the first European Union country to approve Tesla’s Full Self-Driving system in April 2026, but newly obtained email correspondence reveals that the Dutch vehicle authority RDW agreed to keep the entire safety case confidential — at Tesla’s own request. The decision, which has drawn scrutiny from transparency advocates, could have ripple effects on how U.S. regulators approach Tesla’s self-driving technology.
The RDW granted type approval for Tesla’s FSD Supervised system on April 10, 2026, marking the first such sign-off within the EU. However, the agency has refused to disclose why it concluded the system is safe or how it conducted its testing. Reuters obtained emails through a public records request that show Tesla began pressing RDW in late 2024 to permanently seal the underlying documentation.
In one exchange from April 2025, a Tesla representative wrote to RDW officials, “We request that the full safety assessment and supporting data remain confidential to protect Tesla’s proprietary technology and competitive advantage.” The emails indicate that the confidentiality condition originated from Tesla, not from RDW’s own policy. The regulator later agreed to the request, citing the need to protect trade secrets.
The secrecy has alarmed safety experts and consumer advocates. “When a government agency certifies a potentially life-saving technology, the public has a right to know the basis for that decision,” said Sarah Meyers, director of the Center for Auto Safety. “Hiding the safety case behind a wall of confidentiality undermines trust and sets a dangerous precedent.”
For the U.S. market, the Dutch approval carries significant weight. Tesla’s FSD software has been under intense scrutiny from the National Highway Traffic Safety Administration (NHTSA), which has launched multiple investigations into crashes involving Tesla’s driver-assist systems. While NHTSA does not issue type approvals like European regulators, the RDW’s decision could embolden Tesla to argue that its technology has passed rigorous independent review — even if the details remain secret.
European regulators have defended the confidentiality, noting that trade secret protections are common in vehicle certification. “The RDW followed standard procedures for handling proprietary information,” a spokesperson said. “The fact that the safety case is not public does not mean it was not thoroughly evaluated.”
Yet the lack of transparency contrasts sharply with the approach taken by some other EU countries. Germany’s KBA, for example, has published detailed summaries of its assessments for certain advanced driver-assistance systems. The RDW’s silence has led to calls for the European Commission to mandate greater disclosure in future autonomous vehicle approvals.
Tesla did not respond to requests for comment on the emails. The company has long argued that its Full Self-Driving technology is safer than human drivers, citing internal data that has not been independently verified. The RDW’s confidential approval now gives Tesla a powerful marketing tool in Europe, though the company still faces regulatory hurdles in other markets, including the U.S., where FSD is classified as a Level 2 system requiring constant driver supervision.
The development also raises questions about the role of national regulators in the EU’s fragmented certification system. The RDW’s approval allows Tesla to sell FSD-equipped vehicles across the bloc under the EU’s type-approval framework, but other member states may now demand their own reviews — with or without transparency.
Consumer groups are already preparing legal challenges. “We are exploring options to force the release of the safety case through the Dutch courts,” said a lawyer for the European Consumer Organisation. “If the public cannot see the evidence, how can we be sure the system is truly safe?”
The controversy comes at a critical time for Tesla. The company is rolling out an updated version of FSD that promises to handle more complex urban driving scenarios. It has also hinted at launching a robotaxi service in select cities by 2027. Regulatory approval with opaque safety data could speed up those plans, but it may also invite backlash from safety advocates and lawmakers.
In the U.S., NHTSA has not commented on the Dutch approval. However, the agency has previously expressed concern about automakers marketing Level 2 systems as “full self-driving” when they still require driver attention. The RDW’s decision could complicate NHTSA’s oversight if Tesla uses the European stamp of approval to pressure U.S. regulators for faster clearance.
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