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

Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
 
SUEPO Central Made a Strike (or Striking) Success
Europe has more than enough qualified patent officials
IBM Layoffs and Their Expected Scope in April 2026
Such layoffs impact not only IBM "proper"
SLAPP Censorship - Part 28 Out of 200: Facing Consequences for Impersonation and Worse
It's not "funny". It is moreover libellous.
Links 30/03/2026: South Korea Next to Curb Social Control Media Addiction and Manipulation, Notorious Patents in the US Challenged
Links for the day
Gemini Links 30/03/2026: Going Back to Wrist Watches and Why LLMs in Programming Suck
Links for the day
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day
No Daylight Saved
Is there still any practical reason for this ritual?
Microsoft Azure Does Not Have "Hiring Freezes", It Has Had Mass Layoffs Every Year Since 2020
Things are always a lot worse than Microsoft formally or publicly acknowledges
SLAPP Censorship - Part 27 Out of 200: Using the Tor Network to Hide From Consequences
Only 1-2 weeks after the countersuit the Canadian attempted to deplatform several Web sites
The Limits of Inclusion
Inclusion with caution isn't "opinionated"; it's a defence mechanism, sometimes a survival instinct
Almost 20 Years After Microsoft/Novell
The mission has not changed, but the priorities evolve all the time
People Discuss Rumours of Mass Layoffs at IBM Becoming Public in 1-2 Weeks
IBM is killing its brand or its "goodwill"
LLM Slop Kills Sites, as Sites That Adopt Slop Are Doomed
People won't subscribe to such sites and visit them if they recognise it's just slop
Links 29/03/2026: Indonesia Cracks Down on Social Control Media Addiction, China Becomes World’s Scientific Superpower
Links for the day
Fedora at the Mercy of Microsoft Because of Back-Doored Kick-Switch Boot
We'll soon revisit the defamation attacks on Torvalds
Links 29/03/2026: Water Shortages and No Kings Rallies
Links for the day
The Old Days
In the early days of this site (2006) it was mostly just a couple of people, plus comments
Gemini Links 29/03/2026: Return to Gopherspace, "Zen of Marking Playing Cards"
Links for the day
The Real XBox is Dead, So Microsoft is Calling Everything "XBox" Now
It even wanted to run a campaign to convince everybody that XBox is not actually a console
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 28, 2026
IRC logs for Saturday, March 28, 2026
Open Web Destroyed by Centibillionaires, Says Anil Dash of Blogging Fame
Blogging was going through its 'prime years' about 20 years ago
"Linux" Slop Going Away, Microsoft et al Pay 'Linux' Foundation to Promote Slop
It's a timely reminder that the Linux Foundation exists to promote whoever pays the Linux Foundation, even pedophiles and companies that attack the GPL
Links 28/03/2026: Microsoft's LinkedIn a National Security Risk, Microsoft's Slop "Ambitions Face Investor Scrutiny Amid Soaring Costs"
Links for the day
Gemini Links 28/03/2026: "Finding My Base Tone", "Astrobotany", and BugoutBack/OFFLFIRSOCH
Links for the day
Links 28/03/2026: More Worldwide Bans on Social Control Media (Harms to Adolescents), Protests in US Against Dictatorship
Links for the day
SLAPP Censorship - Part 26 Out of 200: Asking for Documents and Information You Already Have, Even Letters and E-mails That You Yourself Sent!
barristers are expensive
Gemini Links 28/03/2026: Echo Delay and 0x0.st
Links for the day
Rumours of More IBM Mass Layoffs at Beginning of April
IBM is not doing well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 27, 2026
IRC logs for Friday, March 27, 2026