As the Dutch regulator that approved Tesla's Full Self-Driving (FSD) system moves to roll it out across the European Union, it has not disclosed the basis for its safety determination, drawing controversy. Experts criticized the authority for applying trade secret protections too broadly and concealing information needed for public safety.

Silhouette of Elon Musk, Tesla CEO, and the Tesla logo./Courtesy of Yonhap News

FSD is a driver assistance system that requires the driver to keep watching the road. Tesla CEO Elon Musk has said FSD will soon reach full Autonomous Driving.

The Netherlands' road traffic regulator RDW in April approved FSD, saying it is "safer than other driver assistance systems," the first such approval in Europe. In June, it changed the wording to say it is "at least as safe as other driver assistance systems."

Reuters noted that RDW did not present materials or evidence supporting the approval. RDW said it conducted "extensive testing" under various conditions at a closed test track and on public roads. But it did not disclose the criteria used to evaluate FSD's performance and safety, citing the risk of infringing Tesla's trade secrets if it revealed test methods or conclusions.

Tesla has repeatedly asked the authorities not to disclose related materials. According to Reuters, Tesla requested RDW not to release FSD safety review documents starting in late 2024. In April 2025, it asked whether RDW could guarantee that certain documents would "never be disclosed" and what measures would be taken to prevent public release. It also told the authority it could not provide additional information until the disclosure status became clear.

RDW replied to Tesla that "a manufacturer may at any time request an exemption from disclosure of certain information." It told Reuters, however, that it did not hide information at Tesla's request, but rather determined the scope of trade secret protection on its own.

Other European regulators that received some FSD test information from RDW are also not disclosing related materials. According to Reuters, regulators in six countries, including Germany, Norway and Denmark, say they cannot release FSD testing or performance data due to trade secrets.

The Norwegian Public Roads Administration said the assessment materials provided by the Netherlands are "not the same" as the statistics Tesla has posted on its website. The Norwegian authority advised drivers that the safety level Tesla claims in its own statistics is higher than the level shown in materials reviewed by European regulators.

Vehicle safety experts said the details of FSD testing and its real-world performance are matters of public interest and should be disclosed.

Oliver Carsten, a traffic safety professor at the University of Leeds who took part in drafting Europe's automated driving rules, said RDW's testing details and FSD performance relate to broad public interest, adding, "I see no reason why this information should not be made public."

Frank Mütze, a policy and project officer at the European Transport Safety Council, also criticized that it is not enough for the public to simply trust the authority's review.

RDW is currently pushing for EU approval of FSD. To win approval, more than 55% of member states must vote in favor, and the combined population of those in favor must be at least 65% of the EU total. A vote could take place in October.

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