03.14.21

Gemini version available ♊︎

EPO and Microsoft Collude to Break the Law — Part V: The EU GDPR

Posted in Europe, Law, Microsoft, Patents at 3:10 am by Dr. Roy Schestowitz

Previous parts:

The EU GDPR
The US CLOUD Act and the EU GDPR entered into force at around the same time, but these regulations pursue completely different and inherently incompatible goals.

Summary: The António Campinos-led EPO is violating the privacy not only of EPO staff but also everyone whom that staff interacts with, in a clear violation of the General Data Protection Regulation (GDPR); today we explain the GDPR

A few months after the adoption of the CLOUD Act by the US Congress, the European Union’s General Data Protection Regulation (GDPR) entered into effect on 25 May 2018, two years after the EU member states had reached agreement on a major reform of the existing EU data protection framework.

“The principles underlying the GDPR are not uniquely European and some of its protections can be found – albeit in weaker, less prescriptive forms – in US privacy laws and in Federal Trade Commission settlements with companies.”The GDPR replaced the 1995 EU Data Protection Directive which was adopted at a time when the Internet was in its infancy. The new Regulation aimed to provide a reformed framework giving EU citizens more control over their own personal data and improving their security both online and offline.

The GDPR applies to all EU member-states and also to all countries in the European Economic Area (EEA) which includes Iceland, Norway, and Liechtenstein.

The principles underlying the GDPR are not uniquely European and some of its protections can be found – albeit in weaker, less prescriptive forms – in US privacy laws and in Federal Trade Commission settlements with companies.

However, in contrast to Europe, the US does not recognise a universal fundamental right to privacy. Notwithstanding the fourth amendment to the US Constitution, US government authorities can often obtain personal information without court approval. Legislation that provides a legal framework for the handling of data at approximately the same level as the The European Commission found in that the Safe Harbor Principles would provide “adequate protection” under Article 25 of Directive 95/56/EC, when it comes to the transfer of personal information from the EU to the US.

GDPR only exists in one single state: California.

“GDPR aims at protecting personal data, and thus the rights and information of European citizens.”Although the US CLOUD Act and the EU GDPR entered into force at around the same time, these regulations pursue completely different goals.

GDPR aims at protecting personal data, and thus the rights and information of European citizens.

In contrast, the US enacted the CLOUD Act to clarify, extend, and speed up official access to electronic information held by US-based global providers, irrespective of the storage location of that data.

The bottom line here is that US companies are by nature not able to guarantee EU GDPR compliance, even if they provide their services via European subsidiaries.

“The bottom line here is that US companies are by nature not able to guarantee EU GDPR compliance, even if they provide their services via European subsidiaries.”Regardless where their data processing operations are located, US companies fall under the jurisdiction of the US CLOUD Act which places them in a situation of conflict with the GDPR.

Likewise European data processors can’t be GDPR-compliant either if they rely on use US-based cloud providers to handle their services.

The inherent incompatibility between EU data protection regulations and US “data harvesting” legislation has been confirmed by the judgments of the Court of Justice of the European Union in the landmark judgments known colloquially as “Schrems I” and “Schrems II” which we will look at next.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. EPO.org (Official EPO Site) Continues to Promote Illegal Agenda and Exploit Ukraine for PR Stunts That Help Unaccountable Crooks

    epo.org has been turned into a non-stop propaganda machine of Benoît Battistelli and António Campinos because the EPO routinely breaks the law; it’s rather tasteless that while Ukrainians are dying the EPO’s mob exploits Ukraine for PR purposes



  2. [Meme] EPO Applicants Unwittingly Fund the War on Ukraine

    As we’ve just shown, António Campinos is desperately trying to hide a massive EPO scandal



  3. EPO Virtue-Signalling on the Ukrainian Front

    António Campinos persists in attention-shifting dross and photo ops; none of that can change the verifiable facts about the EPO’s connections to Lukashenko’s 'science park' in Minsk



  4. Links 19/05/2022: PostgreSQL 15 Beta 1 and Plasma 5.25 Beta

    Links for the day



  5. A Libera.Chat Anniversary and Happy Birthday (Maybe the Last) to 'Leenode'

    What became known as the so-called ‘Leenode’ is a cautionary tale, but maybe it is also a blessing in disguise because IRC as a whole seem to have become a lot more decentralised (as everything should be)



  6. Links 19/05/2022: The Gradual Fall of Netflix/DRM

    Links for the day



  7. IRC Proceedings: Wednesday, May 18, 2022

    IRC logs for Wednesday, May 18, 2022



  8. Links 18/05/2022: Qt Company Loses Chief; OpenSUSE Leap Micro 5.2 and RHEL 9 Final

    Links for the day



  9. Jim Zemlin's Wife is Funded by Puppies (Microsoft)

    Jim Zemlin — like his wife — is bagging millions from Microsoft, but that’s clearly a conflict of interest for the Linux Foundation



  10. Links 18/05/2022: More Defections From WordPress to Gemini

    Links for the day



  11. Links 18/05/2022: PikaScript and cURL's Annual User Survey

    Links for the day



  12. IRC Proceedings: Tuesday, May 17, 2022

    IRC logs for Tuesday, May 17, 2022



  13. Phoronix: Microsoft and Phoronix Sponsor (and Close Microsoft Partner) AMD All Over the Place

    When you’re taking massive 'gifts' from AMD (and also some from Microsoft) maybe it’s not surprising that editorial decisions change somewhat…



  14. EPO Has No F-ing Oversight

    Earlier today SUEPO mentioned this new article demonstrating that EPO President António Campinos can very obviously and blatantly violate the Code of Conduct of the Office without facing any consequences; there are translations too, so the report is now available in four languages



  15. [Meme] Linux-Rejecting Foundation

    The Linux Foundation never really leads by example; by default, it uses proprietary software



  16. Linux Foundation Almost Never uses Open Source

    The Linux Foundation uses proprietary software (look where they hire and take money from) and be sure they're probably not even aware of it



  17. Links 17/05/2022: Many More Games on GNU/Linux, YaST Development Report

    Links for the day



  18. Links 17/05/2022: Rocky Linux 8.6 and Budgie Desktop in Fedora

    Links for the day



  19. Patent Examiners Rising Up Against EPO Abuse

    Unhappy with the law-breaking autocracy (the EPO‘s management breaks the law as a matter of routine), fast-deteriorating working conditions and rapidly-decreasing quality of work (or lack of compliance with the law), workers have escalated further, topping off strikes and industrial actions with a large-scale petition



  20. [Meme] What Managers (Really) Mean by Acting Professionally

    The myth of 'professionalism' needs to die along with the façade of conformity as prerequisite for employment (Linus Torvalds can work just fine in a bathrobe in his own home)



  21. Internal Poll: 93% of European Patent Office (EPO) Workers Are Unhappy With the EPO

    On top of strike/s and industrial action/s there are now also petitions; at the EPO, almost all staff is "disgruntled" because of utterly corrupt and defunct leadership



  22. Links 17/05/2022: OpenSUSE Leap 15.4 Release Candidate

    Links for the day



  23. IRC Proceedings: Monday, May 16, 2022

    IRC logs for Monday, May 16, 2022



  24. Links 16/05/2022: FreeBSD 13.1 and Inkscape 1.2 Released

    Links for the day



  25. Archiving Latest Posts in Geminispace (Like a Dated Web Directory But for Gemini)

    Earlier today we saw several more people crossing over from the World Wide Web to Gemini; we're trying to make a decent aggregator and archive for the rapidly-expanding Geminispace, which will soon have 2,500 capsules that are known to Lupa alone



  26. Microsoft Vidal Does Not Want to Listen (USPTO is Just for Megacorporations)

    Microsoft Vidal knows her real bosses. They’re international corporations (multinationals like Microsoft), not American people.



  27. Links 16/05/2022: China Advances on GNU/Linux and Maui 2.1.2 is Out

    Links for the day



  28. Jim Zemlin: Chief Revenue Officer in 'Linux' Seat-Selling Foundation

    Board seats in the Linux Foundation are basically a product on sale, based internal documents



  29. Reminder: Linux Foundation's Last IRS Filing is Very Old (Same Year the CFO Left)

    People really need to ask the Linux Foundation, directly, why its filings are years behind; this seems like a sensitive subject



  30. Linux Foundation Does Not Speak for GNU/Linux Users

    There's a serious problem in the "Linux" world as the so-called 'Linux' Foundation claims to speak for us (the GNU/Linux community) while in fact speaking against us (on the payroll of those looking to extinguish us)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts