Bonum Certa Men Certa

EPO and Microsoft Collude to Break the Law -- Part XV: Has the EPO Sold Out Its “Digital Sovereignty”?

Previous parts:



EPO GDPR disaster
Is the EPO heading towards a GDPR disaster?
EPO Vice-President Steve Rowan says "Not on your Nellie!"
But sceptics remain unconvinced.



Summary: "Given the tenor of the ongoing political debate about European "digital sovereignty", it does not seem to be an exaggeration to say that these recent developments at the EPO deserve to be a matter of urgent concern at the highest political level in Europe."

Although it is probably fair to say that there is no general consensus about what exactly the concept of “digital sovereignty” covers at the level of detail, the term has nevertheless become a key catch-phrase of contemporary political discourse.



In the earlier parts of this series we saw how various events over the last decade such as Edward Snowden's whistle-blowing revelations in 2013, the passage of the US CLOUD Act and entry into force of the EU GDPR in 2018, and the Schrems II judgment from the CJEU in July 2020 contributed to fuel the political debate about "digital sovereignty" in Europe.

Both at the supranational level of the EU and at the national level in its member states, there have been consistent calls for greater self-determination and strategic autonomy with regard to technology and the digital economy.

"Both at the supranational level of the EU and at the national level in its member states, there have been consistent calls for greater self-determination and strategic autonomy with regard to technology and the digital economy."These calls serve as shorthand for the aspiration to reduce dependency on digital infrastructures and services from foreign providers, notably the US.

The global circumstances of the coronavirus pandemic and the accompanying changes have added weight to these calls for more independence and decision-making capacity in the digital sphere.

One significant example of this came in July 2020 when the German government, which had assumed the presidency of the Council of the EU, announced its intention to "establish digital sovereignty as a leitmotiv of European digital policy".

However, inside the "echo chamber" of the EPO's senior management and governance bodies, the competent decision-makers appear to be either entirely oblivious to the prevailing tenor of the current European debate or hell-bent on ignoring the clearly articulated policy statements about enhancing European "digital sovereignty".

In fact, with its latest procurement decisions relating to IT services, the EPO seems to have gone off on its own "solo run" in a diametrically opposed direction.

A unicorn cloud
Despite plentiful indications to the contrary, EPO management continues to peddle the myth of a "close alignment" with EU data protection policy



The intellectual duplicity of senior EPO management in such matters has long been apparent from the lip-service paid to the purported GDPR-compliance of the EPO's internal data protection regulations and their fondness for peddling the myth of a "close alignment" with EU data protection policy. This is generally recognised by EPO insiders as a piece of well-rehearsed humbug for external consumption which does not stand up to closer scrutiny.

This duplicity has now reached new heights with recent IT procurement decisions in favour of Microsoft which are clearly at odds with the spirit of European data protection law and incompatible with the political goal of enhancing European "digital sovereignty".

As explained previously, these decisions have effectively resulted in the large-scale export of operational data from the EPO to external data processing infrastructure owned by and under the control of a privately owned US-based multinational corporation.

In an internal communiqué addressed to all staff the EPO's Vice-President Steve Rowan has openly admitted that this "exported" data is not secure from the prying eyes of US security and intelligence agencies:

Under the US Foreign Intelligence and Surveillance Act (FISA) and the US Clarifying Lawful Overseas Use of Data Act (CLOUD Act), Microsoft is obliged to grant security and intelligence agencies access to data stored in its cloud, even when stored on EU servers.


"As explained previously, these decisions have effectively resulted in the large-scale export of operational data from the EPO to external data processing infrastructure owned by and under the control of a privately owned US-based multinational corporation."Even if the risk of "official" (i.e. state-sanctioned) industrial espionage were to be discounted, the data in question has - for all practical intents and purposes - been placed at the disposal of Microsoft such that it could easily be accessed by the company for its own ulterior ends.

It is worth pointing out that this data is likely to include confidential internal communications from members of first instance divisions in examination and opposition proceedings. It also presumably includes confidential internal communications from members of the Boards of Appeal who rely on the IT infrastructure provided by the Office.

It is difficult to see how such developments can be reconciled with the spirit of European data protection law or how they could realistically be characterised as anything other than a misguided and ignominious sell-out of the EPO's own "digital sovereignty".

Given the tenor of the ongoing political debate about European "digital sovereignty", it does not seem to be an exaggeration to say that these recent developments at the EPO deserve to be a matter of urgent concern at the highest political level in Europe.

At the very least these matters seem to merit discussion at a "conference of ministers of the Contracting States responsible for patent matters" which is envisaged under Article 4a of the European Patent Convention and which is supposed to take place "at least every five years".

But given that the Administrative Council has repeatedly failed to convene such a conference ever since Article 4a EPC entered into effect in December 2007, it is seems quite likely that the competent ministers of the EPO contracting states have not yet been properly briefed about the catastrophic data protection situation at the EPO and the currently ongoing sell-out of the organisation's "digital sovereignty" by its senior management.

As we noted in the preceding instalment, one of Battistelli's first moves as President of the European Office was to procure the abolition of the independent Audit Committee which reported directly to the Administrative Council.

"Given the tenor of the ongoing political debate about European "digital sovereignty", it does not seem to be an exaggeration to say that these recent developments at the EPO deserve to be a matter of urgent concern at the highest political level in Europe."The intended functions of the Audit Committee included advising the Administrative Council about potential conflicts of interest and risk management.

Now that this independent committee has been abolished there is nobody around to warn the Council about the potential political and security risks of the dubious "IT roadmap" being implemented by the senior management of the EPO.

So if the Administrative Council delegates themselves are not on top of the situation - which appears to be the case - it would be too much to expect them to be in a position to brief their supervising ministers in an effective manner.

As things stand the EPO caravan seems destined to trundle forwards on auto-pilot until it is jolted out of its complacency by some kind of monumental data protection "clusterf**k".

Or perhaps matters will come to a head when a pre-emptive complaint is filed with the European Data Protection Supervisor or some kind of legal challenge is mounted to the EPO's non-compliance with GDPR standards by a privacy advocate like Max Schrems?

"As things stand the EPO caravan seems destined to trundle forwards on auto-pilot until it is jolted out of its complacency by some kind of monumental data protection "clusterf**k"."Even then, the usual suspects will probably do their best to hide behind a smoke screen and sweep the debris under the carpet before anybody notices and starts asking too many awkward questions.

We would like to end this series on an optimistic note but for the moment the best advice we can give to those hoping for firm political action to counteract the sell-out of the EPO's "digital sovereignty" is the following: "Don't hold your breath…"

Recent Techrights' Posts

The Legacy of Gerstner (Rapid Destruction) Continues at IBM
They say IBM never recovered from Gerstner, who instead of saving the companies (IBM and others he claims credit for) set up a collision course of rapid shrinkage
'Cancel Culture' Isn't About Empathy, It's About Making Good People Homeless
Seeing what they did to RMS, remember that those "concern trolls" are about everything other than ethics and morals
Daniel Pocock in The Nerve
Lots of publicity owning to the enrollment
SLAPP Censorship - Part 148 Out of 200: The Manosphere
Those people don't just threaten our national sovereignty, press, democracy etc. They also endanger women everywhere.
 
Links 14/08/2026: Slop 'Music' Causing Problems, Slop Data Centre Contractor Unpaid (Massive Debt), and The Cyber Show Says We're "Colonised By Wankers"
Links for the day
Fake Growth of Social Control Media is Misleading
nowadays people look for alternatives - ones not controlled by MElon, CPC, and Kapo-Berg
statCounter: Windows Down to All-Time Low of 25%, Android Leads the Pack, GNU/Linux About to Leapfrog Apple, Overtaking MacOS
The situation was very different in past years
Microsoft's Mass Layoffs (Including 'Voluntary' Secret Layoffs) Take Their Toll on Seattle
How much longer can they hide their crises?
Planet Fedora ("Fedora People") is Just IBM Staff, Former IBM Staff, and LLM Slop
this is what Fedora boils down to now
Explanation of What Will Happen to Red Hat (and Other Acquired Companies) After August
In short, a lot will be scuttled; history shows it happens over and over again
SLAPP Censorship - Part 149 Out of 200: It Took a Long Time to Show What Jason Arday (at Cambridge) and Harvey Weinstein (in Hollywood) Really Were
Really bad when society endures abuse because the abusers silence their exposers
Gemini Links 14/08/2026: 32-bit RISC-V and BlackBerry
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 13, 2026
IRC logs for Thursday, August 13, 2026
'Voluntary' Layoffs (a Form of Silent Layoffs): Microsoft Global Voluntary Separation Agreement (GVSA) in August 2026 and September 2026
Today and yesterday
Microsoft Sees Windows on Fire, Pours Gasoline Over It
The latest move from Microsoft defies logic
Racing Towards "Woman Zero"
They don't seem to value women
Counters in Clacton Commence in 3 Hours at Clacton Leisure Centre
Even a few hundreds of votes for Pocock would be considered a great success
Swiss army to attack 2,900 domain name owners? Cult of ETH Zurich & Debian
Reprinted with permission from Daniel Pocock
IBM's Bluewashing of Confluent Carries on, More Layoffs Coming, Same Likely Applicable to Red Hat
September 30 is a day before this next phase of bluewashing at Red Hat
Headlines About Microsoft and Ransomware, But They're "SPONSORED FEATURES" at The Register MS
The Register MS habitually publishes LLM slop too
Links 13/08/2026: K-pop Suicide Due to Social Control Media, Legal Problems for Facebook Over Safety
Links for the day
Why Support Daniel Pocock
Our readers who come from IBM and the EPO are certainly familiar with the tactics of censorship and what that sort of censorship leads to
Gemini Links 13/08/2026: Health, Partial Eclipse Sketches, and Guilelessness
Links for the day
GNU/Linux Reaches 10% "Market Share" in statCounter
As of this morning
15% of IBM Marked for Potential Termination, PIPs are the "New Layoffs" (or RAs) at IBM
IBM is a dying company, but it does not want the press to say this or for people to understand that
Links 13/08/2026: "The Rise of the Measles-Industrial Complex" and Spotify Curbs Slop
Links for the day
Daniel Pocock on Australia's 9News (Nine Entertainment)
This gives visibility to software and technology issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 12, 2026
IRC logs for Wednesday, August 12, 2026
Gemini Links 12/08/2026: Losing a Child, "The OpenWeb Needs Diversity", and Gmail Woes
Links for the day
Voluntary' Layoffs and 'Proper' Layoffs at IBM This Year
When will IBM management confess that 15% of staff is already marked for potential removal?
Links 12/08/2026: Trouble in Proprietary Chaffbot Company 'Open' 'AI' and Slop "Investors Are Suddenly Quaking in Their Boots"
Links for the day
Daniel Pocock in National News in Australia the Day of the Election
"Posted 20m ago" (Thursday in Australia), it's timed nicely to help illuminate Pocock and give him last-minute exposure
The Register MS Has Just Published Slop Spam for NVIDIA and HP, It Says "AI" 43 Times
As usual, The Register MS ought to be ashamed of itself for participating in it
The Slop Debt (Trillions of Dollars, Money That Does Not Exist) is Causing the Collapse of GAFAM et al
This slop hype will end up like "metaverse", except "metaverse" never ended up justifying trillions of dollars in "investment"
Simpler Means More Reliable
The simple old way of local storage and local backups is still the best
Clownflare and statCounter See GNU/Linux at ~8% in Norway
Norway has long championed GNU/Linux compared to the rest of Europe
Social Control Media is the Opposite of Information
That says a lot about social control media
Clacton manifesto: Reform UK hacking, leaks, raw sewage & 8GB Swiss Archive
Reprinted with permission from Daniel Pocock
statCounter Today: ChromeOS + GNU/Linux Measured at 10.98% Globally (Desktops and Laptops)
Clownflare does not quite refute this
The Register MS Has Just Published Fake Article About Replacing Linux With Proprietary Google System, "Sponsored by ASUS."
All of those things are proprietary GAFAMware
Links 12/08/2026: "X’s Advertising Business Continues to Tank", "Stop Feeding the Billionaires"
Links for the day
Lack of Empathy Rampant in the Sector
Sociopaths are sociopaths. They cannot help themselves
Before the "Big Tech" (That Almost Everybody is Forced to Use) Was Controlled by Men Who Hate Women
Such rejection and even hatred of women qualifies/enshrines oneself as an "incel"- a dangerous and violent online cult
In Defence of Hoarding CDs, More So When Digital Restrictions (DRM) Come to More 'Content' and Even Offline/Physical Media Won't Work When Some Remote Server Says "No" (or Goes Offline)
made to serve and entertain owners, not to allow companies like Sony and Microsoft subjugate owners
Clownflare: In Finland, Birthplace of Linux Kernel, GNU/Linux Now Bigger Than Apple's MacOS
It's not just in Finland where we see such trends
More Mass Layoffs Due to Monumental Debt Excused as "Investment" (in Slop)
They're maxing up the private debt and their country is already insolvent
METRO Interviews Daniel Pocock a Day Before Election
The article is behind a wall that blocks people who block ads
Enshittification More Than a Century Ago
Is enshittification more than a century old?
GNU in 1991 (35 Years Ago): Compiler and Lots More Ready, Linux Now Becoming 'Vibe Heap' (Slop Replaces Real Code)
Without curbs in place, many Linux developers will flee
Company-Wide 'Reorg' ('Redundancies') at IBM, Mark October 1st 2026 in the Calendar
Is Oct 1 the new Apr 1?
SLAPP Censorship - Part 147 Out of 200: The SLAPP Series is 'Slow' Because Timing Matters
It is important to stress that after this series is finished there will be many more series, with some of them showing raw evidence of what we've been illuminating and telling
Even ZDNet Accepts That "Market Share" of GNU/Linux May Have Doubled on Desktops and Laptops
GNU/Linux is definitely growing, and quite quickly in fact
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 11, 2026
IRC logs for Tuesday, August 11, 2026
Microsoft Layoffs and Shutdowns Continue This August, Morale Low, Employees Set Up Giant Inflatable Rat to Protest Against CEO
nothing demonstrates their anger better than what they did to the CEO
Gemini Links 12/08/2026: Sophomore Slump, Mandatory Phone Addiction, and Vintage Web Game Gallery
Links for the day