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

Gemini Links 09/08/2026: Meatballs (1979), Gopher, RSS Experiment
Links for the day
IBM's "Next Step" Program
Apparently close to 1,000 people being laid off by IBM wasn't worth reporting
If GNU/Linux Rising is Just "Bots" (It's Not, Many Surveys Show the Same), Why Does Microsoft Rush to Lie About System Requirements of Vista 11?
The real reason is, GNU/Linux is rising
 
SLAPP Censorship - Part 144 Out of 200: The "Hired Guns" ("Media" at BW) Shrank Almost Three-Fold Since They Sued Us in 2024
No wonder they're so visibly outnumbered
10 Days Ago Red Hat Formally Terminated Employment of About 500 Technical Workers (the Media Didn't Mention This)
IBM has nothing left to do except fire people (in secret) whilst attacking sites that give these people a voice
Freenode Continues to Shed Off Servers and Users, Good Thing We Abandoned It
you cannot sell communities. It leads to chaos
Daniel Pocock in the Sunday Times (Today)
Expect the attacks (from Pocock's haters, motivated by envy) to intensify
Controlling One's Platform
We need to strive for or actively pursue a Web where everyone has their own platform/s and where censors ("moderators") have no direct control over these platforms
Improving the Static Site Generator (SSG), Fixing Bugs
Next month the site's SSG turns 3
2026: The Year Richard Stallman Came Back to American Campuses
There's more on the way
XBox is Rotting Away, Technical Issues for Second Time in Two Weeks
XBox is dying
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 08, 2026
IRC logs for Saturday, August 08, 2026
Red Hat is in Need of a 'Jolla', as an IBM-Controlled Red Hat is Becoming Like the Microsoft-Infiltrated Nokia
Dying fast, partly by design
Gemini Links 08/08/2026: Gigs, Poems, SREs, and Shared Passion
Links for the day
Kompromat Tactics in GNU and Linux
Kompromat as a concept was covered here in the past in relation to Microsoft
SLAPP Censorship - Part 143 Out of 200: After Nearly 10 Attempts to Settle With Us and Over a Million Pounds Spent on Lawyers and Barristers
We are in no particular hurry
20 Years and 43 Years
GNU/Linux is not just code, it's a philosophy, licence (copyleft), and community
GNU/Linux Turns 43 Next Month, Many Distros Actively Maintained
A lot of Debian-based distros are still actively maintained (we talk about this in IRC this evening), so the stability of the Debian Project is important
Links 08/08/2026: GAFAM Colonialism "Paved Over Protected Wetlands", Slop Companies Hoard Software Patents as Debt Soars to Trillions
Links for the day
Links 08/08/2026: "Palantir Paid No Federal Income Tax" and "Who's Responsible for This Mess?"
Links for the day
Retained: The Time IBM's Red Hat Tried to Hijack or Take Offline Site of Critics, Failed on All Grounds (Meritless Action Intended to Harass Critics)
Replicated from adrforum.com
IBM's 'Final Solution': Censor Sites Not Controlled by IBM, Sites Where Dissent is Expressed
IBM has no culture of free speech
More Mass Layoffs Coming IBM's Way (Ones IBM Cannot Hide, Cannot Convince Enough People to Leave or Unjustifiably PIP Them When They Say No)
The company that was like a "father of modern computing" is now stingy when it comes to travel. Not a good sign.
What Will it Take for Mainstream Media to Report Silent or Secret Layoffs at IBM?
"Silent" or "secret" sometimes because the media won't cover them
Is the Future of IBM Red Hat Temporary Staff, Contractors?
They want cheap, obedient lemmings
Gemini Links 08/08/2026: Tribute to Lloyd Center, Radio Amateurism, Homeworlds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 07, 2026
IRC logs for Friday, August 07, 2026
Microsoft Uses Slop to Find Defects and Then Uses Slop to Replace Code, What Could Go Wrong?
Botspam is the problem, it's not a constructive approach in any shape or form
analytics.usa.gov: GNU/Linux Up Some More This Week
Days ago it said 6.4%, now it's up to 6.8%
RA-pocalypse: IBM Tells Workers "Taking a Hike" is Their "Next Step" ('Voluntary' Layoffs), Now It Prepares to Sack Lots of Contractors
There definitely is something going on
Legal Attacks on Techrights Have Made Techrights More Popular and More Widely Read
The misogynists will have plenty of work to do this summer
Kai Stephens (Barkley Walsh) & British Democrats in Clacton by-election hustings
Reprinted with permission from Daniel Pocock
Daniel Pocock 'Punching' Nazis in the UK
The so-called "cult" of so-called "Debianism" was left with nothing but massive legal bills
SLAPP Censorship - Part 142 Out of 200: GemText is Not a Webpage, Gemini Protocol is Not the Web, and Capsules Are Not Websites
our intention to appeal (escalate to the Court of Appeal)
Microsoft: Our August 2026 Layoffs Are Not Layoffs Because... Reasons
That's like IBM making "spin-offs", then pretending that no layoffs are happening
Links 07/08/2026: UMG and Anthropic in Trouble Over Copyright Infringements Sold as "Training" (Slop)
Links for the day
Links 07/08/2026: "BMW Is Showing Commercials On Their Car's Dash Screens And They Want You To Think It's A Treat", Software Patents on Drones
Links for the day
What We Said About Red Hat's Fate Under IBM Turned Out to be Right on the Money (That IBM Lacks)
There are no layoffs at IBM
IRC Networks Show No Signs of Going Away, IRC Enters Its 39th Year
That IRC daemons are still actively developed and patched in summer of 2026 (over 38 years after IRC was born) says a lot about IRC's importance
Social [Control] Media Needs to Die
I am a bit shocked to recall that I wasted a lot of time on it
Some Malware is Legal Because It's Made and Distributed by Politically-Connected GAFAM
In reality, the security non-experts 'championed' (and salaried) by GAFAM are anti-security people who advocate back doors
The GNU/Linux Anniversary is Next Month, Not This Month
It'll turn 43
At Clacton by-election Hustings Event Daniel Pocock Says "Social [Control] Media Has Contributed to Some of the Anti Social Behaviour."
No doubt many problems in society are caused or at least amplified/accentuated by this horrible phenomenon
IBM Insiders Explain Why IBM is in Very Serious Trouble
Will IBM last long enough for any "quantum" deliverables to become a reality?
The Register MS Took Money From Broadcom to Publish Fake 'News' With "AI" Mentioned 35 Times
not legitimate or authentic journalism.
GNU/Linux Approaching 20% in Georgia (the Country)
Usage of GNU/Linux was near 0%, as measured by statCounter, several years ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 06, 2026
IRC logs for Thursday, August 06, 2026
Gemini Links 07/08/2026: Radio Amateurism, Summer Updates, and Programming "Taste"
Links for the day