Bonum Certa Men Certa

EPO and Microsoft Collude to Break the Law -- Summing Up: EPO Administrative Council Still Asleep at the Wheel

Previous parts:



EPO's council heads



Summary: AC chair Josef Kratochvíl (CZ) and deputy chair Borghildur Erlingsdóttir (IS) seem to be unperturbed by the sell-out of the EPO's "digital sovereignty" taking place on their watch

For quite some time now it has been an open secret that the data protection framework at the EPO is not fit for purpose.



Back in the spring of 2014 the Bavarian Data Protection Commissioner, Dr Thomas Petri, carried out his own independent investigation into the matter following a complaint and he came to the conclusion that "nobody was really in charge".

Together with his colleague the Federal German Data Protection Commissioner, Andrea Vosshoff, Dr Petri raised serious concerns about the state of data protection at the EPO. However, their urgent pleas for reform fell on deaf ears.

"So it's difficult to see how such a manifestly deficient framework which hadn't changed in the meantime could be considered meet the even more stringent standards imposed by GDPR in 2018."When the EU GDPR came into effect in May 2018, Battistelli attempted to pull the wool over the eyes of the EPO's stakeholders and the general public by issuing a self-serving communiqué (warning: epo.org link) proclaiming the EPO's commitment to "ensuring the highest level of data protection" and announcing that "a recent audit report has confirmed a close alignment with the GDPR legal framework".

The only problem here is that Dr Petri, a serious and well-regarded independent expert on data protection law found that the EPO's data protection framework failed to measure up to pre-GDPR standards in 2014.

So it's difficult to see how such a manifestly deficient framework which hadn't changed in the meantime could be considered meet the even more stringent standards imposed by GDPR in 2018.

As a matter of fact, a report commissioned by the EPO staff union SUEPO from external legal experts in 2016 came to the conclusion that the EPO's data protection framework was not compliant with EU data protection standards and was in urgent need of a radical overhaul.

It's worth citing a few passages from that report for the record:

The European Union does, quite rightly, take data protection seriously. Yet the framework at the EPO gives rise to significant cause for concern, which has also been expressed by the national data protection authorities of the main host state – the Federal Republic of Germany.

The Guidelines for the Protection of Personal Data in the European Patent Office (‘EPO DataProtection Guidelines’ or ‘EPO DPG’), which were unilaterally adopted by the President and which entered into force on 1st April 2014. The current EPO DPG appear to fail to meet the standards of both EU data protection law and the national data protection laws of the Contracting States, in particular, the host countries of the EPO. As such, they do not provide a satisfactory framework for safeguarding the data protection rights of data subjects within the Office.

A key component of the EU data protection framework and which is reflected in the national data protection laws of all EU member states is the existence of an independent oversight body; yet this is conspicuously absent at the EPO. Indeed, the deficiencies in the existing system of data protection established by the EPO's Data Protection Guidelines have come to the attention of the national data protection authorities in the host state of the EPO's headquarters (Germany) and have even been the subject of a discussion in the Legal Affairs Committee of the German Federal Parliament (Bundestag).


In the meantime, very little has changed at the EPO apart from the arrival of a new Data Protection Officer via "the talent pipeline from the EUIPO in Alicante” in April 2020 as previously reported by Techrights.

"Unfortunately for all concerned, the Administrative Council appears to have completely abdicated its responsibilities in this regard."When all is said and done, the task of ensuring that the EPO's data protection framework is fit for purpose is a matter of fundamental legal and political significance which lies within the responsibility of the governing body of the organisation, namely the Administrative Council.

This is not something which can be simply delegated to the EPO management to deal with on its own initiative.

Unfortunately for all concerned, the Administrative Council appears to have completely abdicated its responsibilities in this regard.

The Council gives the distinct impression that it is "asleep at the wheel" as the senior management of the EPO proceeds to sell out the organisation's "digital sovereignty" to a US multinational corporation behind its back.

EPO cruise
Once again, the EPO's Administrative Council seems to be asleep at the wheel



Of course the Council has only got itself to blame for the precarious and potentially disastrous situation which has now developed.

After all they were the ones who permitted their sense of judgement to be corrupted by the former Council Chairman Battistelli and agreed to follow his proposal to disband the independent Audit Committee in 2011.

With the benefit of hindsight it is now apparent that, by acting as an accessory to Battistelli's Machiavellian intrigues and acquiescing in the disbandment of the Audit Committee, the Council followed a misguided course of action which has had far-reaching and detrimental effects on the integrity of EPO governance.

It comes as no real surprise to see that - having deprived itself of any genuinely independent source of advice by means of an ignominious act of self-mutilation at the urging of Battistelli - the Council is now unable to react in an robust manner to defend the EPO's "digital sovereignty" and to ensure that the organisation's data protection framework is fit for purpose and truly GDPR-compliant.

These are matters of fundamental importance and legitimate concern not only to EPO staff but also to all other stakeholders, including the general public.

Unfortunately the current Council under the stewardship of its chair, Josef Kratochvíl (Czech Republic), and deputy chair, Borghildur Erlingsdóttir (Iceland), does not appear to appreciate the seriousness of the issues and stake and seems unlikely to take appropriate remedial action unless and until something dramatic happens to jolt it out of its complacent slumber.

Recent Techrights' Posts

The Register MS, Sponsored by Communist Party of China (CPC)
What will happen when the bubble crashes the economy?
Dances With Wolves, Wakes Up With Fleas
Small minds say "td;dr" whereas the rest say, "give me information, give me time to study it"...
Garrett Does Not Just Try to Cover Up for Himself, He's Clearly Covering Up for His Mates From Microsoft (and Admits Third Parties Fund His Litigation, With Their Legal Bills Estimates Already Approaching $1,000,000)
They have already sent us about 75 KG of legal papers. How is any judge supposed to keep up?
Richard Stallman in the United States - Part IV - Back to Switzerland
The "cancel mob" tried to "finish off" RMS 5 years ago
Dr. Richard Stallman in Ada Lovelace Lecture Series 20 Hours From Now in Lucerne School of Computer Science and Information Technology (Rotkreuz)
Well-connected and affluent corporations want everything to be controlled by them, ranging from culture to words and news
 
Links 07/03/2026: Fuel Already Running Low and "Economic Crisis of the Iran War"
Links for the day
The Corporate Media Repeated the Lies Told by Jack Dorsey ("AI" Hype), Now It Does the Same for Larry Ellison
Disregard the hundreds of headlines that say mass layoffs at Oracle are due to "AI" something
The Free Software Community is Gaining Momentum as Its Importance is More Broadly Realised
As long as "trendy" technology goes in a negative direction there will be a growing portion in society looking for alternatives
Spooking or Chasing Away Women (From Computer Science)
The status quo discourages women from even trying to study Computer Science and related disciplines
"IBM Has Changed So Much in the Last Decade to the Point It's Completely Unrecognizable."
IBM is a dying, rotting company with a morbid culture
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 06, 2026
IRC logs for Friday, March 06, 2026
Gemini Links 07/03/2026: Coffee Problem, Marchintosh, Learning, and "Selectively Disabling HTTP"
Links for the day
Under IBM, Some Fedora Blog Posts Have Become LLM Slop! (Red Hat is Doomed by Slop Fanaticism)
Who would even bother reading such trash?
Lots of People Leaving IBM Today
IBM cannot be trusted
LLM Slop Rare and Scarce This Friday
We still hope that by the end of this year slop will become nearly extinct
Defending British Democracy From American Predators
We stand united and strong in the face of predators
Links 06/03/2026: LLM Prompt-injection Vulnerability in Microsoft's Proprietary GitHub, "260,000 Federal Jobs Lost"
Links for the day
It's Friday and Many People Publicly Announce Leaving IBM (Which is Engineering 'Willful' Departures to Mask RAs' Scale)
We understand from whistleblowers that IBM already destroyed Red Hat's culture
Dr. Richard Stallman (RMS), the Man Whose Mind Scares GAFAM et al, Began Speaking in Switzerland
His ideas and ideals are not obscene
Gemini Links 06/03/2026: "Setting up the Feed" and Using Molly Brown
Links for the day
Links 06/03/2026: Can't Copyright Slop in US, Microsoft Became Slop Provider for Militarism
Links for the day
Threats Issued to Daniel Pocock Having Launched the JuristGate Web Site Which Covers Financial Fraud in "Legal Insurance" Clothing
Is our world governed by laws or by rich corporations (or nations/superpowers) with well-connected lawyers/politicians?
International Women's Day: At the EPO, for Women to Become Managers They Need to Sleep With Well-connected Men and Mingle With Corrupt Men
Sunday is International Women's Day
Dr. Richard Stallman Starts His Talks in Switzerland in 8 Hours
They try to assess how many people plan to attend to ensure everyone gets a seat (without compromising the privacy/identity of those attending)
IBM Red Hat Layoffs: It's Not About "AI"
"Automation" is not "AI", it's just a generic term which can describe jobs left for machines to do, sometimes computers
Microsoft Windows Used to be Identified on Over 99% of Web Requests From Benin. Now It's Around 50%.
Or a lot less
Microsoft 'Open' 'AI' Has Severe Financial Problems, Version Inflation ("GPT-5.4") is Mindless Hype and a Misleading Distraction
In practice, both users and sponsors of ChaffGPT are fleeing
The Techrights Static Site Generator (SSG) Turns 5 Next Year
It's still under active development in our Git servers
New XBox Boss (Sharma) Implicitly Confirmed XBox (the Console) is Now Dead
Vista 11 is now also known as "XBox"
Murder as a 'Joke' to GAFAM People (Sociopathy)
When it comes to Microsoft and Salesforce, they profit from this mentality
GNU/Linux Seen as Rising to 20% in Eritrea, But That's statCounter Identifying "Unknown" as GNU/Linux
What if statCounter managed to figure out what all those "unknowns" are?
Microsoft ‘Project Helix’ is Just a Tweet in MElon's "X"
Some "tweet" is easy, as words are cheap
Microsofters' SLAPP Censorship - Part 4 Out of 200: Rianne’s Version of Events and Narrative
today we tell Rianne's experience
EPO Staff to 'Meet' This Coming Tuesday to Plan Industrial Actions Including Upcoming Strikes
using Microsoft spyware to organise this can be an own goal because Microsoft serves the dictators, not the union that tries to topple them
Thousands of EPO Workers Rally Against EPO Management
The staff is furious to see what became of the EPC and the EPO. This is not sustainable.
In Argentina Firefox is Measured at Only 1%, Google Chrome (Proprietary) at About 90%
And it has long been that way
IBM's March 2026 Layoffs Already Happening (to Accelerate Soon in Europe and America)
We're probably seeing some of the last years of IBM and it's anything but certain that IBM can survive the coming decade
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 05, 2026
IRC logs for Thursday, March 05, 2026
Gemini Links 05/03/2026: Industrial Panettone, Cancel, and LLMs
Links for the day
It's Not "AI", IBM is Collapsing Due to Financial Difficulties, "All Small Country Offices Will Close"
IBM is in trouble. Insiders know it.
"AI Companies" Running Out of Money, GAFAM Layoffs Are Signs of Weakness, Not "AI Efficiency" or Novelty
In the past, this term ("AI") had another meaning and connotation
Libel/Defamation Law Does Not Exist to Cover up Crimes
The projection tactics are nothing new
Myanmar/Burma: Growing Acceptance of GNU/Linux, Big Losses for Windows
GNU/Linux has come close to 5% there
Without IBM, Microsoft Would Not Have Taken Off. Both Companies Need to be 'Taken Down'.
Maybe it's time to boycott IBM as well
'Former' Red Hat Staff Upset That Techrights Covers IBM Accounting Problems
Are we touching a sensitive subject at IBM?
Ubuntu is Controlled by a Youngster From the British Army (Background in Mass Surveillance), So One Can Expect Ubuntu to Not Respect Privacy
"Canonical is aware of the legislation and is reviewing it internally with legal counsel"
IBM Hates Computer Freedom. This Means Red Hat Too is an Enemy of Software Freedom.
A summary of Fedora's position when it comes to "attestation"
IBM Union Says Many IBM Layoffs in Europe, With Netherlands and Belgium Confirmed, Allegedly Italy Soon (200 Layoffs)
IBM's demise will harm Red Hat and already harms Red Hat, according to whistleblowers
Microsoft and Microsoft's 'Open' 'AI' Seeking Bailout From the Pentagon Means Brand Erosion
Microsoft and its offshoots growing more and more dependent on military ("defence"; "Department of War") budget
Another EPO Strike a Fortnight From Now, Local Staff Committee Munich (LSCMN) Shares 127-Page Document Explaining How Policies Impact EPO Staff
The Office is circling down the drain
Microsofters' SLAPP Censorship - Part 3 Out of 200: A More In-Depth Breakdown
presents the narrative in a less chronological and more logically coherent fashion
2026 Seems Like (Potentially) the Last Year of Slop Drowning News Sites
Sites that do so perish [...] It's getting hard to find slop in news sites which cover "Linux" because many gave up
Links 05/03/2026: New LexisNexis Data Breach Confirmed, "Goldman Sachs Head During Financial Crisis Says He “Smells” a Similar Crash Coming"
Links for the day
"Silent Layoffs" or "Forever Layoffs" at IBM and Red Hat (After Bluewashing)
Like every day (all day long) we can see people who leave IBM and say something that's based on a 'script'
Free Software Foundation (FSF) and Others Promoting String of RMS Talks, Starting Tomorrow in Lucerne School of Computer Science and Information Technology
Well done, FSF!
Links 05/03/2026: A Bet Against Substack, American Government Openly Hostile Towards Environment
Links for the day
Gemini Links 05/03/2026: Greed and Sentiments Shifting Against Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 04, 2026
IRC logs for Wednesday, March 04, 2026