Bonum Certa Men Certa

EPO and Microsoft Collude to Break the Law -- Part IX: Know Your Vendor…

Previous parts:



A big brother-like spy
The never-ending saga of Microsoft's run-ins with European data protection authorities



Summary: Microsoft is one of the world's worst offenders when it comes to privacy, but vendor assessment by the EPO conveniently overlooks the law

Even before GDPR came into effect in May 2018, data protection regulators in some European countries were starting to have their doubts about whether Microsoft's flagship product, its Windows operating system, was compliant with European data protection standards.



The first national authority to kick into action was the French National Data Protection Commission (CNIL).

Following an investigation which concluded in June 2016, CNIL issued Microsoft with a formal notice to comply with French data protection regulations. CNIL also ruled that the decision should be made public, given the scale of the violations in question.

"Following an investigation which concluded in June 2016, CNIL issued Microsoft with a formal notice to comply with French data protection regulations. CNIL also ruled that the decision should be made public, given the scale of the violations in question."No fewer than six violations of the French Data Protection Act were identified by CNIL, including continued transfer of data based on Safe Harbor principles despite the fact that the Safe Harbour Agreement had been invalidated by the CJEU in October 2015.

Microsoft was given three months – until 30 September 2016 – to end the identified violations of French Data Protection law or else face the prospect of a fine of up to €150,000.

In June 2017, it was reported that Microsoft had scaled back the volume of data it collected from Windows 10 PCs by "almost half". This led CNIL to announce that Windows 10 was no longer in breach of the country's data protection laws and that it had decided to close the case.

But that was only the first chapter in the never-ending saga of Microsoft's run-ins with European data protection authorities.

"Microsoft was given three months – until 30 September 2016 – to end the identified violations of French Data Protection law or else face the prospect of a fine of up to €150,000."A few months later in October 2017, it was reported that the Dutch data protection authority (Autoriteit Persoonsgegevens) had come to the conclusion that Microsoft was in breach of Dutch data protection law due to the way it processed the personal data of Windows 10 users.

According to the Dutch data watchdog, Microsoft made it impossible for users to give their valid consent to their personal data being processed due to the multiple ways in which that data might subsequently be used.

The Dutch regulator noted that Microsoft had promised to end its "violations", but warned that a failure to do so could lead it to impose a sanction.

After some back and forth with the regulator, Microsoft submitted a revised version of its software in April 2018. However, in the course of testing the revised version the Dutch agency found fresh grounds for concern, discovering what it called in a press release "new, potentially unlawful, instances of personal data processing".

"After some back and forth with the regulator, Microsoft submitted a revised version of its software in April 2018. However, in the course of testing the revised version the Dutch agency found fresh grounds for concern, discovering what it called in a press release "new, potentially unlawful, instances of personal data processing"."In the meantime GDPR had entered into force, and this led the Dutch data protection authority to refer its concerns to the competent lead EU privacy regulator under the new regulations. This was the national data protection authority where Microsoft's regional HQ for the EU is located, namely the Irish Data Protection Commission.

And so the seriously under-resourced Irish DPC added the Microsoft GDPR non-compliance case to an already long list of files concerning the cross-border data processing activities of multiple tech giants which had accumulated on its docket since the GDPR came into force in May 2018.

According to the most recently available reports from May 2020 the Microsoft case is still pending before the Irish Data Protection Commission.

The situation in the Netherlands became even hotter for Microsoft with the decision of the Dutch Ministry of Justice and Security in 2018 to commission a Data Protection Impact Assessment (DPIA) to be carried out on a range of Microsoft products, including Office 365.

"The situation in the Netherlands became even hotter for Microsoft with the decision of the Dutch Ministry of Justice and Security in 2018 to commission a Data Protection Impact Assessment (DPIA) to be carried out on a range of Microsoft products, including Office 365."The DPIA was commissioned because this was a clear-cut case of data processing on a large scale (by 300,000 government employees) which involved personal data, including data that could be potentially used to track the activities of employees.

The aim of the exercise was to assess the extent to which Microsoft's Office Online and the Mobile Office Apps could be deployed in a GDPR-compliant manner by Dutch government organisations.

The scope of the investigation included the five most commonly used Office 365 applications – Word, PowerPoint, Outlook, Excel and Microsoft Teams – in Office Online and the Mobile Office apps, in combination with the use of cloud storage services.

The final report [PDF], which was published in November 2018, identified a number of serious data protection risks, in particular the following:

● Loss of control over the use of personal data; ● Loss of confidentiality; ● Inability to exercise rights; ● Re-identification of pseudonymised data; ● Unlawful (further) processing.

It was noted that effective risk mitigation was outside of the users' control and could only be carried out by Microsoft.

"It was noted that effective risk mitigation was outside of the users' control and could only be carried out by Microsoft."The investigation found an unacceptable lack of control by users over the processing of personal data by Office 365 mobile applications. Because of this government organisations were advised to create policies for their employees stating that they were not to use mobile Office 365 applications.

As we shall see in the next part, the investigation by the Dutch authorities into the GDPR-compliance of Microsoft products prompted the European Data Protection Supervisor to announce its own investigation into Microsoft products used by EU institutions.

Recent Techrights' Posts

Links 13/06/2025: Journalists Targeted by Cracking, China-Japan and Israel-Iran Tensions Grow
Links for the day
Twitter (X) is Dying, Now It's Just Like a Mafia-Type Operation of the Man Who Does Nazi Salutes in Public
a form of extortion
The Price of Exposing Corruption in Poland (and Elsewhere)
It's easier to participate in corruption than to merely do the right thing and oppose it
 
Gemini Links 13/06/2025: (Not)virtues and Project Yeet Broadband
Links for the day
Links 13/06/2025: US Reduces Nonessential Staff at Baghdad Embassy Ahead of Strikes in Iran, Invasion of California Debated
Links for the day
X11 is Free Software
Whether you agree (e.g. on politics) with the person/s forking it doesn't matter
The More Time Passes, the Better Our Advice on Social Control Media Seems
At the end of the day, any platform you do not control yourself is working for someone else
UK High Court Blasts Brett Wilson LLP for Misusing "GDPR" After Failed Efforts to Censor Critics Using 'Libel' Claims
No wonder this firm is rapidly shrinking
Recent Blunders in Microsoft GitHub (e.g. Slop-Generated Bug Reports or GPL Violations 'as a Service') Taking Their Toll?
Put bluntly, if you still use Microsoft GitHub, then you're slave to Microsoft
American Imperialism and Microsoft Plagiarism
Techrights will therefore do what Microsoft does not want it to do: it'll write even more about Microsoft
When They Have Nothing Left to Help Advance Abusive Litigation for Microsoft People... Other Than Throwing ~500 Pages of Someone Else's Work Into a PDF
Microsoft is having a very tough year
Slopwatch and Yet More Holes in 'Secure Boot' (as Usual!), Promoted Inside Linux by the Man We Are Suing
Today's Slopwatch will be short
Gemini Links 13/06/2025: People You've Left Behind, Life Update and OS Changes
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 12, 2025
IRC logs for Thursday, June 12, 2025
Links 12/06/2025: Portland Homeless Deaths Quadruple, COVID Cases Surge in Asia
Links for the day
Abuse Inside the Polish Patent Office (UPRP) - Part IX: Minimum Wages For You (Experienced Scientist), Alicante/EU Paydays For Me (Unproductive, Corrupt Official)
Does UPRP maladministration extend to the false belief that qualified and experienced scientists can play the role of circus clowns?
"The Liberating Power of Simply Telling People the Truth."
'polite' bullying
Who Imitates Who? Plagiarist as Client (From Microsoft), 'Plagiarism' at the Law Firm?
let's revisit the subject
EPO's Gareth Lord Asked About "Quality and Productivity" or, Put Another Way, Why the EPO Keeps Granting So Many Invalid/Illegal Patents
letter to Lord
EPO's Central Staff Committee (CSC) Scrutinises the Man Who Illegally Grants (and Forces Others to Illegally Participate in Granting) Software Patents in Europe
EPO compels examiners to break the law in the name of obeying illegal "rules" or "orders"
The Latest Rumour Says The Next (as Correctly Predicted Before) Wave of Layoffs at Microsoft is 3 Weeks Away, "Larger Than the First Wave"
Step 2
TV Licensing Used to SPAM Your Postbox, Now It Does the Same to E-mail
First they ask for your E-mail address; then they start nagging you via E-mail
The Toxic Playbook
Either you support Prince Mohammed bin Salman or you're a nazi
It's Possible That BetaNews Got Cracked, But Nobody Talks About It, The Site Contains an Outdated Old Image, No Activity
It's possible that they will never explain what happened to the site and users' accounts
Links 12/06/2025: Beach Boys’ Brian Wilson Dies
Links for the day
Gemini Links 12/06/2025: Video Game Diegesis and Steam Next Fest
Links for the day
Why the Militants Have Lost Every Battle Since 2022 (When Attacking My Wife and I in Various Ways, Even Attacking Our Employers)
This takes patience, sure, but at the end most evildoers face the consequences for their actions
Our Priority is Still Tackling Software Patents and Corruption in Patent Offices
Meanwhile we got compliments on our recent articles, which means that they are effective
Politics Will Impact Software Choices
Will those systems respect users' freedom?
EPO: Neglecting Children to Promote American Monopolies by Shielding Them From European Competition
Yesterday the Central Staff Committee at the EPO spoke about another "reform" at the Office
Slopwatch: Another Day, Another Slopfest, LLM Slop Scrapers Slow Down Our Site
We too have some slop issues; this past day this site and the sister site had to answer about 2.5 million requests (not counting Gemini Protocol) and it's slowing things down for everybody
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 11, 2025
IRC logs for Wednesday, June 11, 2025
Links 11/06/2025: More Vulnerabilities Found in 'Smart' Phones, China Extends Reach in the Pacific
Links for the day
Gemini Links 11/06/2025: Grain and Steam Next Fest
Links for the day
Links 11/06/2025: "Quantum" Hype From IBM, US Closer to Martial Law, and “The Nation” Celebrates Milestone
Links for the day
IBM's CEO Roasted, Sizzled and Grilled for Dumb and Inconsistent Vapourware Promises
It looks like being a chronic liar is what it takes to lead the company once synonymous with computing
IBM's Goal Is Not (and Never Was) Computer Users' Freedom
More than 1.5 decades ago I found IBM to be an "ally of convenience" because of OpenDocument Format (ODF)
Wayland Shows the IBM/Red Hat Way of Doing Things
IBM is trying to 'kill' X
GitHub is Proprietary, Controlled by Microsoft, and GPL Violation Warehouse
"IRS tax filing software [will be] released to the people as free software" ... In general this is good news
Slopfarm Catastrophe
Seems like BetaNews (or BetaNoise) has just suffered a major data loss and restored the site from a week-old backup
Abuse Inside the Polish Patent Office (UPRP) - Part VIII: Illegal Working Conditions
How many people need to die for these people to get their massive salaries?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 10, 2025
IRC logs for Tuesday, June 10, 2025