Bonum Certa Men Certa

EPO and Microsoft Collude to Break the Law -- Part V: The EU GDPR

Previous parts:



The EU GDPR
The US CLOUD Act and the EU GDPR entered into force at around the same time, but these regulations pursue completely different and inherently incompatible goals.



Summary: The António Campinos-led EPO is violating the privacy not only of EPO staff but also everyone whom that staff interacts with, in a clear violation of the General Data Protection Regulation (GDPR); today we explain the GDPR

A few months after the adoption of the CLOUD Act by the US Congress, the European Union's General Data Protection Regulation (GDPR) entered into effect on 25 May 2018, two years after the EU member states had reached agreement on a major reform of the existing EU data protection framework.



"The principles underlying the GDPR are not uniquely European and some of its protections can be found – albeit in weaker, less prescriptive forms – in US privacy laws and in Federal Trade Commission settlements with companies."The GDPR replaced the 1995 EU Data Protection Directive which was adopted at a time when the Internet was in its infancy. The new Regulation aimed to provide a reformed framework giving EU citizens more control over their own personal data and improving their security both online and offline.

The GDPR applies to all EU member-states and also to all countries in the European Economic Area (EEA) which includes Iceland, Norway, and Liechtenstein.

The principles underlying the GDPR are not uniquely European and some of its protections can be found – albeit in weaker, less prescriptive forms – in US privacy laws and in Federal Trade Commission settlements with companies.

However, in contrast to Europe, the US does not recognise a universal fundamental right to privacy. Notwithstanding the fourth amendment to the US Constitution, US government authorities can often obtain personal information without court approval. Legislation that provides a legal framework for the handling of data at approximately the same level as the The European Commission found in that the Safe Harbor Principles would provide "adequate protection" under Article 25 of Directive 95/56/EC, when it comes to the transfer of personal information from the EU to the US.

GDPR only exists in one single state: California.

"GDPR aims at protecting personal data, and thus the rights and information of European citizens."Although the US CLOUD Act and the EU GDPR entered into force at around the same time, these regulations pursue completely different goals.

GDPR aims at protecting personal data, and thus the rights and information of European citizens.

In contrast, the US enacted the CLOUD Act to clarify, extend, and speed up official access to electronic information held by US-based global providers, irrespective of the storage location of that data.

The bottom line here is that US companies are by nature not able to guarantee EU GDPR compliance, even if they provide their services via European subsidiaries.

"The bottom line here is that US companies are by nature not able to guarantee EU GDPR compliance, even if they provide their services via European subsidiaries."Regardless where their data processing operations are located, US companies fall under the jurisdiction of the US CLOUD Act which places them in a situation of conflict with the GDPR.

Likewise European data processors can’t be GDPR-compliant either if they rely on use US-based cloud providers to handle their services.

The inherent incompatibility between EU data protection regulations and US "data harvesting" legislation has been confirmed by the judgments of the Court of Justice of the European Union in the landmark judgments known colloquially as "Schrems I" and "Schrems€ II" which we will look at next.

Recent Techrights' Posts

10 Easy Steps to Follow for Digital Sovereignty in Nations That Distrust GAFAM et al
When "enough is enough"
Dr. Andy Farnell Explains Why Slop Companies Like Anthropic and Microsoft 'Open' 'AI' Basically Plunder and Rob People
This article was published last night at around 10
 
Five Years Ago, After We Broke the Story About Richard Stallman Rejoining the FSF's Board, All Hell Broke Loose (for Me and My Family)
They generally seem to target anyone who thinks Richard Stallman (RMS) should be in charge or thinks alike about computing
Links 22/01/2026: Slop Fantasy About Patents, Retirement in China Now Reached at Age Seventy
Links for the day
Gemini Links 22/01/2026: Why Europe Does Not Need GAFAMs, XScreenSaver Tinkering, FlatCube
Links for the day
Salvadorans' Usage of GNU/Linux Measured at Record Levels
All-time high
Links 22/01/2026: Ubisoft Layoffs Disguised as "RTO", US "Congress Wants To Hand Your Parenting To GAFAM", Americans' Image Tarnished Among Canadians (Now Planning to "Repel US Invasion")
Links for the day
No, the Problem at IBM/Red Hat Isn't Diversity
Microsoft Lunduke also openly shows his admiration for Pedo Cheeto
Do Not Link to Linuxiac Anymore, Linuxiac Became a Slopfarm
now Linuxiac is slop
Richard Stallman (RMS) at Georgia Tech Tomorrow
After the talk we'll write a lot about "cancel culture" and online mobs fostered and emboldened in social control media
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.
Links 21/01/2026: "Snap Settles Lawsuit on Social Media Addiction" and Attempts in the US to Revive Software Patents
Links for the day
Links 21/01/2026: Microsoft 'Open' 'Hey Hi' in More Trouble, US Has "Brown Shirts" Problem
Links for the day
Yesterday Afternoon The Register MS Published Paid Microsoft SPAM Disguised as an Article About "AI PCs"
The Register MS cannot help itself, can it? [...] Follow the money.
Microsoft's XBox is in Effect Dead Already, Now It's a Streaming and Advertising Platform
Expect many layoffs soon
Richard Stallman's Talk at Georgia Tech is Just 2 Days Away
We're still curious to see how malicious people (or trolls) in social control media will try to slant his talk as "bad"
EPO's Web Site Misused for Propaganda About Illegal Kangaroo Courts to Distract From EPO Scandals and Judicial Crisis in Europe
UPC is illegal and unconstitutional
The "Alicante Mafia" - Part VII - The Industrial Actions Began Yesterday, Here's Why
The "Alicante Mafia" might not last much longer
Gemini Links 21/01/2026: Edible Circuits and "Sayonara HTTP"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 20, 2026
IRC logs for Tuesday, January 20, 2026
IBM Hides Its Own Destruction (and Red Hat's)
It's like scenes out of '1984', which is what a now-famous advertisement from Apple compared IBM to
LLM Slop Not Dead Yet, Examples of Slop About "Linux"
We wish to see the totals down to zero
Links 20/01/2026: Cheeto Blackmails France Into 'Peace' While Looking to Annex EU, Mass Layoffs in Capgemini (Microsoft Reseller/Promoter) in France
Links for the day
Gemini Links 20/01/2026: Boxing and "Inbox Zero" Success
Links for the day
Windows and Slop Declining While Microsoft Silences Critics
Microsoft tries to suppress facts while faking 'demand' by imposing slop on everybody, everywhere
openai.com Traffic Said to Have Fallen 50% in the Past Three Months, Reports Say It Nearly Ran Out of Money to Borrow
After the slop frenzy all we'll have left is environmental destruction
IBM Kills OzLabs, Signalling An Attack on Free Software (a Sign for Red Hat)
ibiblio also appears to have died (or experiences critical issues)
Red Hat Vice President Leaving After Nearly Two Decades
IBM's culture of secrecy is not compatible with Free software
Links 20/01/2026: "ChatGPT Health" (Latest Distraction From Being Insolvent) Flops and Raises Concerns, "The U.S. Military Faces a Reckoning on Greenland"
Links for the day
Rudeness and Vulgarity Won't Stop Journalism About Free Software
we seem to be on the right path
Readers Pleased With Layout Changes
Two days ago we began improving clarity and accessibility in the site
IBM Plans for Layoffs Becoming Clearer With "Employee Reviews"
Of course this impacts Red Hat as well
IBM is Outsourcing Red Hat's Fedora to Slop to 'Save Money'
If IBM cared about quality rather than alleged "cost savings" (cutting corners), it would assign more IBM staff to Fedora, but instead the exact opposite happened, with the likes of Cotton and Miller removed from the project
European Patent Office (EPO) Industrial Actions Formally Start in Two Hours
As per the latest (revised) action plan, today workers will slow down their work and limit patent grants
Microsoft Under Fresh Investigation by the Italian Competition Authority
In 2025 we kept a running tally of 30,000+ Microsoft layoffs, so 40k this year would not be unthinkable
The "Alicante Mafia" - Part VI - More Strikes Planned at the EPO, Starting This Month
Yesterday we said that friends of Berenguer or inside Berenguer's circle may have left
Gemini Links 20/01/2026: New Tea, Using a Roku at a Hotel, and "Voltage-Based Power Management for Any Raspberry Pi"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 19, 2026
IRC logs for Monday, January 19, 2026