Bonum Certa Men Certa

The EPO Bundestagate -- Part 4: Parroting the GDPR-Compliance Myth

Series index:

  1. The EPO Bundestagate -- Part 1: How the Bundestag Was (and Continues to be) Misled About EPO Affairs
  2. The EPO Bundestagate -- Part 2: Lack of Parliamentary Oversight, Many Questions and Few Answers…
  3. The EPO Bundestagate -- Part 3: A “Minor Interpellation” in the German Bundestag
  4. You are here ☞ Parroting the GDPR-Compliance Myth


EPO's GDPR-Compliance Myth
What could possibly have led the German government to parrot the EPO's bogus and self-serving claims about GDPR-compliance?



Summary: The EPO had been in violation of GDPR (EU) for years, both under Benoît Battistelli and António Campinos; but the lies persisted

Back in October 2019, the FDP submitted another "minor interpellation" entitled "Data protection in relation to cooperation with the EPO" ("Datenschutz bei EPA-Zusammenarbeit" - Bundestag Printed Paper [PDF] no. 19/14490).



This interpellation contained a series of questions relating to the EPO's data protection framework, in particular in the context of data exchanges with national authorities such as the German Patent & Trademark Office.

"This interpellation contained a series of questions relating to the EPO's data protection framework, in particular in the context of data exchanges with national authorities such as the German Patent & Trademark Office."Under point 7. of the interpellation, the FDP explicitly raised the issue of the compliance of the EPO's data protection framework with the GDPR (which had entered into force over a year previously in May 2018).

The relevant passage of the interpellation reads as follows (in translation):

According to the knowledge of the Federal Government, is data processing at the EPO compliant with the provisions of the GDPR, or does it have any indications that would suggest a deviation from GDPR regulations?


The response of the Federal Government was published on 12 November 2019 (Bundestag Printed Paper [PDF] no. 19/15072).

The passage of the response which addresses point 7. of the FDP's interpellation reads as follows (in translation):

The Federal Government has no indication that the EPO does not comply with the provisions of the European data protection standards. The Board of Auditors of the European Patent Organisation, which is appointed by the Administrative Council under Article 49(1) EPC and carries out its activities in accordance with Articles 49 and 50 EPC and its Rules of Procedure and professional auditing standards, stated the following in its audit report for the financial year 2018 (document CA/20/19) (warning: epo.org link). Although the EPO, as an international organization, is not directly subject to EU rules, the basic principles of the GDPR have nevertheless been implemented, as data of European citizens are processed at the EPO. In addition, it was noted that for the sake of transparency, the EPO has already established a data protection register in the past to record all processing of personal data. Upon request, the information can be made available (publicly) to the data subject, thus ensuring the right to information.


The government's response is another classic piece of hand-waving and obfuscation about the atrociously deficient state of the EPO's data protection framework.

It is however worth looking at this response more closely because it seems to have come straight from the EPO's internal "echo chamber". There is very little evidence of any independent thought or research on the part of those responsible for drafting the government's statement of its position.

"It seems that the reader is supposed to accept these assertions on "blind faith"."What is particularly noteworthy is the fact that the German government appears to rely solely on the EPO's internal audit report for the financial year 2018 (CA/20/19) (warning: epo.org link) as the basis for its "considered opinion" that the EPO's data protection framework is GDPR-compliant.

There's just one small problem here.

Neither CA/20/19 nor any other internal "audit report" from the EPO contains a meaningful substantive assessment of the organisation's data protection framework and its purported compliance with GDPR standards.

The available audit reports from the EPO (CA/20/18, CA/20/19, CA/20/20) (warning: all are epo.org links) only contain cursory self-serving assertions to the effect that the organisation's data protection framework is "relatively closely aligned" with EU data processing regulations - whatever that is supposed to mean.

What is conspicuously absent is a credible independent audit of the EPO's data protection framework that could be considered to substantiate the self-serving assertions emanating from the EPO's senior management.

It seems that the reader is supposed to accept these assertions on "blind faith".

"For this reason it's a bit disconcerting to see the Federal Government of Germany still parroting the EPO's manifestly bogus and self-serving assertions about GDPR-compliance in such a naïve and uncritical manner in November 2019."However, this becomes difficult when it is recalled that back in 2016 the EPO staff union (SUEPO) commissioned a report about various aspects of EPO governance from external legal experts.

This report dated 31 May 2016 - which is publicly available - found that the EPO's data protection framework was not compliant with EU data protection standards and that it was in urgent need of a radical overhaul.

Nothing of substance has changed since May 2016.

For this reason it's a bit disconcerting to see the Federal Government of Germany still parroting the EPO's manifestly bogus and self-serving assertions about GDPR-compliance in such a naïve and uncritical manner in November 2019.

In the next part we will consider how this curious state of affairs came about.

Recent Techrights' Posts

Estimates of Microsoft Layoffs: 3,000 Staff to be Culled Just in Gaming, How Many in Other Divisions?
Now the XBox division has its own "fall guy", but it is a woman
Straw Man Arguments Against Rust
If anything, it teaches the importance of auditing packages
Tesla Debt Rose Sharply, Sales Declined, Wall Street's Claim of Tesla "Value" is Merely a Fairytale (and Not Just Tesla)
We would gladly sell land on Mars to anyone who honestly believes a company that loses money is somehow "worth" trillions in Wall Street
Stop Calling Losses "Investment"
XBox is losing money, it is a sinkhole
For Justice We Need More Speech, Not Less Speech
When you attack something you are just giving that something a bigger platform
SLAPP Censorship - Part 107 Out of 200: Keeping Law Accessible to Everybody
We'll have stories related to this in the future
Links 15/06/2026: Slop "Beg Bounties", Wall Street Fakes 'Worth', and Arkansans Saved PBS
Links for the day
Gemini Links 15/06/2026: Dating Oaks, Simulation, and Theremin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 14, 2026
IRC logs for Sunday, June 14, 2026
Links 14/06/2026: Energy Cost and Reality Strikes at Heart of Slop Bubble, 75 Data Center Build-outs "Successfully Blocked"
Links for the day
Microsoft CEO Says XBox is Not a Sustainable Business
"Now, we have to turn this into a sustainable business," he said about XBox
MElon (MUSK, Elon) is a Trillionaire Like Penguins Are Mammals
Have media outlets told the truth?
Unlikely Heroes
One personal hero who is not alive (anymore) is Navalny
Bruce Schneier Was Probably Wrong About Slop
Right now politicians who openly speak in favour of slop are committing "political suicide"
SLAPP Censorship - Part 106 Out of 200: 100 Kilograms of Legal Papers
When one party's communications and filings weigh at about 3 KG of paper and another's... at about 100 KG of paper
Links 14/06/2026: More Google Layoffs, Wall Street Deems Companies That Lose Money "Worth" Trillions
Links for the day
Gemini Links 14/06/2026: "The Universe is a Hologram", "Matrix Brain Download", and "Happy 0th Year"
Links for the day
European Patent Office (EPO) Series: Battistelli's "Baltic Crusader"
Gilles Requena, Battistelli's erstwhile "Baltic Crusader" and the loyal servant of his successor Campinos
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 13, 2026
IRC logs for Saturday, June 13, 2026
Links 13/06/2026: University of Nottingham Confirms Data/System Breach, Courts Fuming at Fraudulent Lawyers Who Fling LLM Slop at Them
Links for the day
Gemini Links 13/06/2026: World Cups and 做人
Links for the day
Microsoft's XBox "Bloodbath" Seems to Have Already Begun (Informally), Studios Allegedly to Face Shutdowns, Layoff Notices Handed Out, 100% Layoffs in Some Cases, 10% in Others or on Average
So is a complete closure/shutdown imminent? (Compulsion Games in this case)
Discussing Morale at IBM and Conversations Regarding IBM Layoffs (Disguised as Other Things)
Trolling can be a form of censorship
European Patent Office (EPO) Series: All the President's Men
Gilles Requena,Patrice Pellegrino, and Sandro Mendonça
SUEPO Elections Coming Up, Union Leaders at Europe's Second-Largest Institution (EPO) to be Determined Soon
The staff union of the European Patent Office (SUEPO) is having an election soon
SLAPP Censorship - Part 105 Out of 200: When Bad Legal Advice Results in Your Client, Dale Vince, Ordered to Pay £600k - or 801,930 United States Dollar (USD) - to the Person Frivolously Sued (Lord Bailey of Paddington)
"A judge has ruled that Dale Vince must pay punitive costs to Lord Bailey of Paddington, the Tory peer, over the 'unexplained abandonment' of his" SLAPP
How Long for Can American Taxpayers Justify Bailing Out Microsoft?
How many times need the American taxpayers give Microsoft money for vapourware that's neither necessary nor delivered?
IBM is Importing/Exporting Corporations' Regime of Censorship (Hiding the Wrongdoing) to Free Software Communities
Is IBM protecting criminals in the name of "manners"?
Links 13/06/2026: Microsoft’s XBox Crisis and "Apple Deepfakes"
Links for the day
Gemini Links 13/06/2026: Why Humans Are Mostly Right Handed and "Getting Things Done"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 12, 2026
IRC logs for Friday, June 12, 2026