Bonum Certa Men Certa

EPO and Microsoft Collude to Break the Law -- The 'Smoking Gun': Hard Evidence That the EPO Has Been Lying About GDPR Compliance

What the EPO says:

EPO CA-20-19 page 49 of 88

Summary: The EPO's Annual Reports of the Board of Auditors help show that the cronies of Benoît Battistelli have been lying all along about GDPR compliance; António Campinos is, as expected, just another one of those Battistelli cronies, in effect passing EPO funds into a gambling black hole and overseas violators of everybody's privacy

We have managed to track down copies of the "audit reports" which allegedly confirm a close alignment between the EPO's data protection framework and the GDPR.



As far as we have been able to work out, the "audit reports" that the EPO refers to in its data protection "puff pieces" are the annual reports of the supposedly independent Board of Auditors (warning: epo.org link). One of these "independent" auditors is Battistelli's old crony from the INPI, Frederic Angermann.

" One of these "independent" auditors is Battistelli's old crony from the INPI, Frederic Angermann."Anyway, the annual audit report is usually issued as Administrative Council document no. 20 at the end of April or beginning of May each year.

So for 2020, the document is numbered CA/20/20 [PDF].

For 2019 it is CA/20/19 [PDF] and for 2018, the reference number is CA/20/18 [PDF].

"From this it can be seen that the the annual reports of the Board of Auditors just parrot the party line of EPO management..."We've made local copies as we want this to last and remain unchanged, just in case something mischievous was to happen at the EPO's end. As happened in the past...

The documents are publicly available via the official webpage of the Council (warning: epo.org link) and can be found using the search keyword "auditors".

The first mention of GDPR is in the 2018 audit report, CA/20/18, on page 6 of 81:

42) As of 25 May 2018, a new, uniform General Data Protection Regulation (GDPR) on data privacy will apply across the European Union (EU) to all organisations collecting and/or processing data from EU residents. 43) On July 2017, the President issued a task force with a mandate to assess the potential impact of this new EU GDPR on the EPO's current data protection guidelines. 44) It is noted that the EPO's current data protection guidelines are relatively closely in line with the new GDPR. However, an action plan is in place to address the potential impact of the GDPR on the EPO.


EPO CA-20-18 page 6 of 81

The 2019 audit report, CA/20/19, contains the following statement:
259) The new European General Data Protection Regulation (GDPR) has been in force since 25 May 2018. Even though the EU regulations do not directly apply to the EPO as an international organisation, basic principles have been implemented, as European citizens' data is processed at the EPO.


It then goes on to talk about a the implementation of a "data protection register to record all the processing operations carried out on personal data" which can be accessed by EPO employees on the EPO intranet. It is not accessible to external data subjects but external parties can make a data subject access request "thus ensuring the right to information". This is followed by a recommendation that data protection register needs to be updated and to be completed in order to ensure that all relevant information is available.

The report then states that the EPO's IT department, referred to as IM (= Information Management) is "only involved in the GDPR analysis on a high-level basis" and that IM does not prepare the necessary implementation, such as deletion concepts.

This section of the report concludes with a recommendation to include IM much more in the GDPR evaluation "to ensure that technical and organisational measures are addressed adequately. Additionally technical solutions need to be evaluated."

The 2020 audit report, CA/20/20, contains a section entitled "Analysis of implementation of GDPR requirements in the HR area" on page 7 of 89. According to this:

41. Since the Office, as an international organisation that does not fall under the EU regulations, is not subject to the General Data Privacy Regulation (hereinafter: "GDPR"), the internal "Guidelines for the protection of personal data" were developed and introduced by the Office with the latest revision in 2014. The abovementioned guidelines are very close to the requirements of the GDPR and Regulation (EU) 2018/1725 and as such are to be implemented and followed by the Office.


EPO CA-20-20 page 7 of 89

There are two short paragraphs explaining that "audit procedures were carried out in respect of the adherence of the Office to the requirements of the above-mentioned guidelines within the HR area" and that the audit "resulted in a number of recommendations", such as the need to update the Data Protection Registry and to define retention and deletion periods and actions for events such as retirement and leaving the Office.

"There hasn't actually been any independent audit of the EPO's data protection framework to determine the level of GDPR compliance."Additionally, it recommends that "the awareness of the responsibilities of controllers in terms of data protection topics should be raised, and regular training sessions should be held for the HR department, as well as for other departments working with the personal data, to inform them about critical areas in the data protection process."

From this it can be seen that the the annual reports of the Board of Auditors just parrot the party line of EPO management according to which "the EPO's current data protection guidelines are relatively closely in line with the new GDPR" (CA/20/18) and "the internal 'Guidelines for the protection of personal data' [which] were developed and introduced by the Office with the latest revision in 2014 ... are very close to the requirements of the GDPR and Regulation (EU) 2018/1725" (CA/20/20).

There hasn't actually been any independent audit of the EPO's data protection framework to determine the level of GDPR compliance.

All that we have are bald assertions of GDPR compliance by EPO management which have been rubber-stamped by the auditors without further ado.

"All that we have are bald assertions of GDPR compliance by EPO management which have been rubber-stamped by the auditors without further ado."Given that EPO management claimed at the time of adoption of the EPO's internal "Guidelines for the protection of personal data" in 2014 that they were closed aligned to the earlier EU Regulation (EC) 45/2001, it remains to be explained how these same Guidelines could now manage to be compliant with the GDPR which was not adopted by the EU until 2016 and entered into force in 2018.

Of course it's complete nonsense but as long as nobody actually goes to the trouble of carrying out an independent audit who's going to notice anything?

Recent Techrights' Posts

Why Techrights Cannot be Vilified (and Instead It Gets SLAPPed Repeatedly by Microsoft People)
Attack dogs are all "bark"; because they have no actual "bite"
Links 25/06/2025: Elon Musk’s Lawyers Caught Lying, WhatsApp Faces More Bans
Links for the day
Wayland Pushers Lose the Argument, Use LLM Slop and Chatbots to Make Up Arguments for IBM
Another new low and low blow
What is "MATA"?
Think of it as GAFAM or "Meta"
WebProNews is a Slopfarm
Please avoid linking to WebProNews
Another "Told You So!": XBox Mass Layoffs at Microsoft (Many Recent Reports Were Chaff and Spin), Many Other Divisions Affected
With mass layoffs at Microsoft the world would be much better
 
The 'Case' of the Serial Strangler From Microsoft is a Lot of Copypasta (Maybe Also LLM Slop) From the Matthew Garrett 'Case'
5RB deserves to know and the matter shall be properly reported in due course (when the time is right)
Austrian GNU/Linux Usage Up to About 5% as More of Europe Abandons Microsoft
Since inauguration day the Austrian people have adopted more and more of GNU/Linux
Why the "Wayland People" and "Rust People" Will Lose Hearts and Minds (Same Reasons)
Wayland pushers are fast becoming like "Rust People"
5,600 Pages/Articles Per Year
So far this year we've kept all the promises
BetaNews Beginning to Show What Its True Goals Are
The 'new' BetaNews won't be about journalism. It's trying to sell things.
Microsoft Has Lost "The War"
We'll soon see the 9th or 10th wave of Microsoft layoffs in 2025 alone
Slopwatch: A Wreck and a Dreck, "Flooding the Zone With Dreck" or Flooding the Web With Junk
"Slopwatch" continues today because we have many new examples
Links 25/06/2025: Thwarting More Software Patents, Overlap Grows Between EPO Corruption and Illegal Kangaroo Patent Courts in EU
Links for the day
Brian Fagioli Created Another Slopfarm Targeting "Linux" After BetaNews Became a Slopfarm of Phantom Accounts and Pseudonyms
Mr. Fagioli even had slop about a dead Torvalds (hypothetical) as clickbait
Wayland is Perfect, Nobody Can Escape Its Perfection! (Or Not)
Do not form on opinion on Wayland based on politics
Moral Duty for "Linux Sites" to Speak Out Against LLM Slop
My wife has long complained about "Linux bloggers" keeping quiet and thus passive about a growing problem: slop
In Recent Hours Google News Promoted at Least 3 Slopfarms That Relayed Linux Foundation Propaganda Made by Bots or LLM "Bullshit Generators" (as Dr. Stallman Dubbed Them)
Google is circling down the drain and Google News too is hopeless
Linux Journal is a Slopfarm, It's Experimenting With LLM 'Authors'
Is Slashdot next?
Microsoft LinkedIn is Dying and Many More Layoffs Are on the Way
LinkedIn is just a failed acquisition of Microsoft. It causes losses and debt.
Gemini Links 25/06/2025: Combinatorial Music and Self Hosting
Links for the day
Richard Stallman Coming Back to Europe This Autumn to Give More Talks
His last talk in Europe attracted about 400-450 people
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 24, 2025
IRC logs for Tuesday, June 24, 2025
Social Control Media, Technology & Catholicism: Synod on Synodality review and feedback
Reprinted with permission from Daniel Pocock
How Many More Women Will Managers at Microsoft Strangle and Tell to Kill Themselves (or Try to Kill)?
The world needs to know what happened
The New BetaNews: 7 New 'Articles', All of Them LLM Slop
BetaNews is basically defunct. Nobody writes there anymore.
statCounter Estimates Only 1 in 300 Iranians Would Use Microsoft for Search
Iranians don't quite trust Microsoft
Gemini Links 24/06/2025: ftpd on FreeBSD and Online Small Web Magazine
Links for the day
Google News Does Great Harm by Promoting Slopfarms as Legitimate News Sites
Slopfarms are sites which are 100% LLM slop
Links 24/06/2025: Trouble at "Open" "AI" and ‘Siarhei is Free’
Links for the day
Gemini Links 24/06/2025: Stimulants and Subscription Costs for DRM
Links for the day
When the Microsoft Aggressors Rely on Several Law Firms ('Attack Dogs', 'Guns for Hire'), Not Just One, Lawyering Up Against Techrights (Acting on Behalf of Americans Against UK Publishers)
From serving customers at some restaurant he has moved on to bullying people with demand letters
Links 24/06/2025: OpenAI [sic] May Soon Die (Too Much Debt) and Social Control Media Accused of Being Misinformation/Disinformation/Propaganda Amplifier
Links for the day
Nirbheek Chauhan in Planet GNOME Explains Why Wayland Pushers Are Losing
"A strange game. The only winning move is not to play."
Polygamy, from Catholic Synod on Synodality to Social Control Media & Debian CyberPolygamy
Reprinted with permission from Daniel Pocock
Only a Third of or 1 in 3 Web-Connected Devices is a Desktop or Laptop, According to statCounter
we can expect Android to widen its lead
The Days Are Getting Shorter, the First Half of 2025 is Almost Over
We're gratified to see significant increase in traffic and also positive feedback on the work we do
Turning GNU/Linux Into a Political Football
X (not the site) is Free software
X Server Still Works for Many People
A lot of people will grow suspicious of Wayland boosters/pushers if they persist and insist on using these tactics
Exactly a Week Ago "BetaNews Staff" Said "Betanews Is Growing Alongside You". Since Then Every Article (All by "Camila Nogueira") Has Been LLM Slop.
BetaNews is basically a slopfarm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 23, 2025
IRC logs for Monday, June 23, 2025
The "Tarzan Effect" in Compilers and Software
What happens when you forcibly make things 'work', either by hacks or by disregarding warnings (like those that compilers tend to issue)?
Gemini Links 23/06/2025: Mass Tourism, Hair Love, and Google Gemini as a Googlebomb
Links for the day
Law Firm Burgess Mee Does Not Fully Deny Participating in Abusive Litigation for Serial Strangler From Microsoft
I am not unfamiliar with these tactics
The Modus Operandi of Wayland Pushers: Make It Political
do what I say or you're a nazi...
Links 23/06/2025: RFE/RL Contributor Vladyslav Yesypenko Released, Recording Industry Cutbacks
Links for the day
Brett Wilson LLP Solicitors (M): Over 99.9% of Our E-mail is Self-Marketing, We Send You 3.5MB E-mails for Less Than 1KB of Text
Why would tech people entrust legal matters to such people?
Peter Moon's (Computerworld) Interview With Richard Stallman
Stallman: If you want freedom don't follow Linus Torvalds
At What Point Does Outsourcing Constitute Malpractice?
Brett Wilson LLP's new staff page is misleading
United Arab Emirates (UAE) Sailing to GNU/Linux, According to statCounter
countries in that region will quickly learn the price of neglecting digital sovereignty
From Do Your Own Research to Do Your Own Search
The Web is full of garbage; search engines amplify this garbage
More People Moving to Geminispace?
at age 6+ Gemini Protocol seems to have gained some maturity and it seems like more people use it
Permutation in LLMs Does, Inevitably, Change Meanings and Therefore LLMs Cannot Properly Rephrase or Summarise Texts
LLMs lack actual grasp or comprehension of what they spew out
Links 23/06/2025: Many Security Breaches, Population Declines
Links for the day
Gemini Links 23/06/2025: "America at the Crossroads" and OpenWRT Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 22, 2025
IRC logs for Sunday, June 22, 2025
Pure Dove
Different means different, and sometimes those who "deviate" from "the norm" have a point
Censorship is a Sign of Weakness Which Invites More Censorship Attempts
revolutionaries don't succumb to pressure from bullies
Why It's Unlikely That LLM Slop Will Dominate the Web in the Long Run
Slopfarms will eventually perish (they have no actual value) and "survivors" on the Web will be sites that never depended on search engines and social control media
GNU/Linux in Argentina Now Measured Near 5%
Like in central Europe, they must be seeing an increasingly hostile US
BetaNews is Fake News, Composed by LLM Slop
nothing in BetaNews is written by humans anymore