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

Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
started as a rumour about January 2025
Electronic Frontier Foundation Defends Companies That Attack Free Speech Online (Follow the Money)
One might joke that today's EFF has basically adopted the same stance as Donald Trump and has a "warm spot" for BRICS propaganda
 
Links 21/12/2024: EU on Solidarity with Ukraine, Focus on Illegal and Unconstitutional Patent Court in the EU (UPC)
Links for the day
[Meme] Microsofters at the End of David's Leash
Hand holding the leash. Whose?
Deciphering Matt's Take on WordPress, Which is Under Attack From Microsofters-Funded Aggravator
the money sponsoring the legal attacks on WordPress and on Matt is connected very closely to Microsoft
Gemini Links 21/12/2024: Projections, Dead Web ('Webapps' Replacing Pages), and Presentation of Pi-hole
Links for the day
American Samoa One of the Sovereign States Where Windows Has Fallen Below 1% (and Stays Below It)
the latest data plotted in LibreOffice
[Meme] Brian's Ravioli
An article per minute?
Links 21/12/2024: "Hey Hi" (AI) or LLM Bubble Criticised by Mainstream Media, Oligarchs Try to Control and Shut Down US Government
Links for the day
LLM Slop is Ruining the Media and Ruining the Web, Ignoring the Problem or the Principal Culprits (or the Slop Itself) Is Not Enough
We need to encourage calling out the culprits (till they stop this poor conduct or misconduct)
Christmas FUD From Microsoft, Smearing "SSH" When the Real Issue is Microsoft Windows
And since Microsoft's software contains back doors, only a fool would allow any part of SSH on Microsoft's environments, which should be presumed compromised
Paywalls, Bots, Spam, and Spyware is "Future of the Media" According to UK Press Gazette
"managers want more LLM slop"
On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
The future of newsrooms or another site circling down the drain with spam, slop, or both?
"The Real New Year" is Now
Happy solstice
Microsoft OSI Reads Techrights Closely
Microsoft OSI has also fraudulently attempted to censor Techrights several times over the years
"Warning About IBM's Labor Practices"
IBM is not growing and its revenue is just "borrowed" from companies it is buying; a lot of this revenue gets spent paying the interest on considerable debt
[Meme] The Easier Way to Make Money
With patents...
The Curse (to Microsoft) of the Faroe Islands
The common factor there seems to be Apple
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 20, 2024
IRC logs for Friday, December 20, 2024
Gemini Links 21/12/2024: Death of Mike Case, Slow and Sudden End of the Web
Links for the day
Links 20/12/2024: Security Patches, Openwashing by Open Source Initiative, Prison Sentence for Bitcoin Charlatan and Fraud
Links for the day
Another Terrible Month for Microsoft in Web Servers
Consistent downward curve
LLM Slop Disguised as Journalism: The Latest Threat to the Web
A lot of it is to do with proprietary GitHub, i.e. Microsoft
Gemini Links 20/12/2024: Regulation and Implementing Graphics
Links for the day
Links 20/12/2024: Windows Breaks Itself, Mass Layoffs Coming to Google Again (Big Wave)
Links for the day
Microsoft: "Upgrade" to Vista 11 Today, We'll Brick Your Audio and You Cannot Prevent This
Windows Update is obligatory, so...
The Unspeakable National Security Threat: Plasticwares as the New Industrial Standard
Made to last or made to be as cheap as possible? Meritocracy or industrial rat races are everywhere now.
Microsoft's All-Time Lows in Macao and Hong Kong
Microsoft is having a hard time in China, not only for political reasons
[Meme] "It Was Like a Nuclear Winter"
This won't happen again, will it?
If You Know That Hey Hi (AI) is Hype, Then Stop Participating in It
bogus narrative of "Hey Hi (AI) arms race" and "era/age of Hey Hi" and "Hey Hi Revolution"
Bangladesh (Population Close to 200 Million) Sees Highest GNU/Linux Adoption Levels Ever
Microsoft barely has a grip on this country. It used to.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 19, 2024
IRC logs for Thursday, December 19, 2024
Gemini Links 19/12/2024: Fast Year Passes and Advent of Code Ongoing
Links for the day
Twitter is Going to Fall Out of Top 100 Domains as Clownflare (DNS MitM) Sees It
evidence of Twitter's (X's) collapse
[Meme] Making Choices at the EPO
Decisions, decisions...
'Dark Patterns' or a Trap at the European Patent Office (EPO)
insincere if not malicious E-mail from the EPO's dictators
There's an Abundance of Articles About the New Release of Kali Linux, But This One is a Fake
It can add nothing except casual misinformation (fed back into the model to reinforce lies)
Large and Significant Error Correction in South America?
Windows now has less than half what Android achieved in terms of "market share"
IBM's Leadership Ruining Lives of People Who Thought Working for IBM Would be OK
Nobody gets fire-lined for buying IBM?
The United States' Authorities Ought to Become Enforcers of the General Public License (GPL) for National Security's Sake
US federal agencies ought to pursue availability of code and GPL compliance (copyleft), not bans
The Problem of Microsoft Security Problems is Microsoft (the Solution is to Quit Microsoft) and "Salt Typhoon" Coverage Must Name CALEA Back Doors
Name the holes, not those who exploit them.
A "Year of Efficiency"
No, we don't mean layoffs
Links 19/12/2024: Astronaut Record and Observer Absorbed
Links for the day
Links 19/12/2024: Seven Dirty Words and Isle Release v0.0.3 (Alpha)
Links for the day
Links 19/12/2024: Nurses Besieged by "Apps", More Harms of Social Control Media Illuminated
Links for the day
15 Countries Where Yandex is Already Seen to be Bigger Than Microsoft (in Search)
Georgia, Syrian Arab Republic, Cyprus, Moldova, Ukraine, Armenia, Azerbaijan, Kyrgyz Republic, Uzbekistan, Kazakhstan, Turkmenistan, Tajikistan, Belarus, Turkey, and Russia
Links 19/12/2024: Magnitude 7.3 Earthquake and Privacy Camp
Links for the day
Gemini Links 19/12/2024: Port Of Miami Explosion, TurboQOA, Gnus
Links for the day
Fake Articles About 'Linux'
Dated yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 18, 2024
IRC logs for Wednesday, December 18, 2024