Bonum Certa Men Certa

EPO and Microsoft Collude to Break the Law -- Part VIII Addendum

Video download link



Summary: The letter or the press release issued half a year ago explains the severity of the scandal we've been dealing with in recent days and will likely deal with well into April

APPENDICES or addenda typically come at the end of a series, but this time we'd like to interject for a bit, especially when covering pertinent documents alluded to previously albeit not discussed in an in-depth fashion.



"The above text says nothing about security incidents, which may compromise data and render it accessible to virtually everybody in the world."This one merits further emphasis and an explanation of context/s.

The video above is an informal discussion about this press release [PDF] which is only half a year old. It was mentioned in Part VIII and its text is as follows (we also have an HTML version here):



711.424.1

Press Release

17 July 2020

After “Schrems II”: Europe needs digital independence



After the adequacy of the “EU-US Privacy Shield” was invalidated by a recent decision issued by the Court of Justice of the European Union (CJEU), the Berlin Commissioner for Data Protection and the Freedom of Information, Maja Smoltczyk, is now calling on data processors in Berlin to move any personal data stored in the USA to Europe.

In its decision of 16 July 2020 (“Schrems II”, C-311/18), the CJEU stated that the US authorities’ access to data belonging to European citizens is too extensive. As a result, personal data may generally no longer be transferred to the USA until the legal situation changes. There are some exceptions, especially in special cases stipulated by law, such as when booking a hotel room in the USA.

One of the findings noted in the CJEU decision concerns the government surveillance measures in the USA, which involve the mass collection of personal data with no clear limitations. This contradicts the Charter of Fundamental Rights of the European Union (Paragraph 180 et seq. of the Decision). The CJEU also indicates that European citizens are unable to request a judicial review of the surveillance measures carried out by the US authorities. This violates the European fundamental right to effective legal protection.

Personal data may only be transferred to third countries that ensure a level of data protection that is equivalent to the essence of the European fundamental rights. As the findings of the highest European court suggest that is not the case in the USA, the decision issued by the CJEU has invalidated the adequacy of the “EU-US Privacy Shield”, which was previously the basis for many personal data transfers to the USA. By contrast, the CJEU has ruled that “standard contractual clauses” are admissible under certain conditions; standard contractual clauses can be established between European companies and providers in third countries to ensure the European level of data protection abroad. Before the first data transfer, however, the CJEU emphasises that both European data exporters and third-country data importers are obliged to check whether the data could potentially be accessed by government authorities in the third country in a manner that goes beyond the access rights granted under European law (Paragraphs 134 et seq. & 142 of the Decision). If such rights of access are enjoyed by the government authorities, data may not even be exported on the basis of standard contractual clauses. Any data that has already been transferred to any such third countries must be retrieved. Contrary to the prevalent practice to date, data cannot be exported merely on the basis of standard contractual clauses (Paragraph 126 et seq. of the Decision).

Press Officer: Dalia Kues

Office: Cristina Vecchi

Email: presse@datenschutz-berlin.de

Friedrichstr. 219 D-10969 Berlin

Tel.: +49 301 388 9900 Fax: +49 302 155 050




The CJEU emphasises that the data protection supervisory authorities must prohibit unlawful data exports according to these new standards (Paragraphs 135 & 146 of the Decision), and that data subjects may claim damages for the unlawful exportation of personal data (Paragraph 143 of the Decision). This may especially include non-material damage (solatia); the amount of compensation must act as a deterrent in accordance with European law.

The Berlin Commissioner for Data Protection and the Freedom of Information calls on all controllers under her supervision to observe the CJEU’s decision. Controllers who transfer personal data to the USA, especially when using cloud-based services, are now required to switch immediately to service providers based in the European Union or a country that can ensure an adequate level of data protection.

Maja Smoltczyk: “The CJEU has made it refreshingly clear that data exports are not just financial decisions, as people’s fundamental rights must also be considered as a matter of priority. This ruling will put an end to the transfer of personal data to the USA for the sake of convenience or to cut costs. Now is the time for Europe to become digitally independent.

The CJEU has explicitly obliged the supervisory authorities to prohibit all unlawful data transfers, and we gladly accept the challenge. Of course, that not only applies to data transfers to the USA, which have already been outlawed by the CJEU; we must also check whether similar or perhaps even greater problems are involved in data transfers to other countries, such as China, Russia or India”.



The above text says nothing about security incidents, which may compromise data and render it accessible to virtually everybody in the world. It happened many times in the past. The very practice of outsourcing data -- no matter if within one's national jurisdiction or outside it -- is a bad idea. They just need to hire competent security professionals, employed in-house and regulated by rules and regulations of the employer, not only national laws.

In light of new revelations we expect this scandal and its coverage to last well into springtime. This is a very big deal, not just to the EPO and to Microsoft. More people are becoming involved now. ⬆

Recent Techrights' Posts

Linux Kernel Needs Diversity and Diversity of Good Code, Not LLM Slop
Linux (and Linus) are kicking a can down the road
Techrights Was Right About a Fake Security Model Built Around Lies or Built Upon Trust in "Certificates" and "Authorities" (like Microsoft)
We have begun to amass some media reports and blog posts from technical sites
 
Links 22/10/2026: eBay to Lay Off a Tenth of Staff (Again), Node.js and PHP Security Crises, Climate News
Links for the day
Red Hat Layoffs Still Going on This Week (Whilst IBM's Debt Grows in Spite of Mass Layoffs)
IBM is bluffing/cheating the shareholders again
IBM's Debt Continues to Increase While the Company Rapidly Shrinks
This is what a dying company looks like
Intercontinental Brigading - Part XI - Losing Over a Million Pounds (Borrowed Money) to Try to Silence Critics of Restricted Boot With Microsoft-Controlled "Certificates"
Garrett is also very jealous of Daniel Pocock
Microsoft Shrinks Every Year
Microsoft will try to spin or twist this as "efficiency"
Gemini Links 22/10/2026: Holiday Inn and Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 21, 2026
IRC logs for Wednesday, October 21, 2026
Windows Monopoly is No Longer Sustainable (the Case of Oceania)
This is why Microsoft layoffs are happening all the time
Some Downtime Possible Shortly (Router Work)
We don't use PHP in the site anymore
Mass Layoffs at Microsoft This Week and/or Next Week
Cannot pull a bunny out of some hat
With Its Future on the Line, EPO Management (Dictatorship) Resorts to Further Escalations to Fake 'Production' and Curtail Industrial Actions
It's clear that with a yearlong campaign of industrial actions - including strikes - Campinos cannot save face anymore
Gemini Links 21/10/2026: Summer Day in Tokyo (30c in Late October) and Whole Food for the Whole World
Links for the day
Links 21/10/2026: "Zelensky Took the Gloves Off This Time With Convicted Felon" and "Cellebrite iPhone Radio Zero-Day"
Links for the day
Reuters is Becoming Slop, Not a News Agency (Treat Reports From Reuters Sceptically)
In their own words
Disclosure/s Crisis at The Register MS (Promoting a Ponzi Scheme for Money)
So now they sell several schemes/scams at the same time, not limited to the slop
Links 21/10/2026: "The Tragic Death of the Republican Party" and "No War But Data Center War"
Links for the day
Internet Relay Chat Still Growing
The numbers go up, not down [...] Don't believe the doomers
Intercontinental Brigading - Part X - American Back Doors Inside Our Computers, With Transatlantic Swatting Against Critics Thrown 'Into the Mix'
"If your Windows PC's Secure Boot certificates are out of date, your system is vulnerable to malware like rootkits."
Gemini Links 21/10/2026: A Walk Through Amsterdam and Pythagorean Theorem
Links for the day
More Mass Layoffs at Microsoft Weeks From Now, Then Again Months From Now
Microsoft's crisis is not limited to XBox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 20, 2026
IRC logs for Tuesday, October 20, 2026
Gemini Links 20/10/2026: The Brothers Who Fought Mussolini and a Dying Main Laptop
Links for the day
Brett Wilson LLP Has Almost Zero Litigation Clients This Year (in the Area They Specialise in)
The silence on the financial front, combined with the lack of new clients, is deafening
Where to Celebrate the 20-Year Anniversary
let us know in IRC
Cheapening of the Workforce at IBM and Microsoft, Typically Without Even Announcing Any Layoffs
from leadership to compelled "retirement"
Help Us Improve Techrights
The site relies on teamwork in a growing community; even readers are part of it
Links 20/10/2026: $100 Million ICE “Intelligence” Program and France Riots
Links for the day
Gemini Links 20/10/2026: GAFAM GCP Outage in the UK and New Oddμ Release
Links for the day
Articles in The Register MS Composed by Employees of the Companies They're About
The Register MS is the place to be
Intercontinental Brigading - Part IX - Swatting is Not Funny, Swatting is a Murder Attempt
“Swatting is not harmless. It is a serious crime that can lead to dangerous situations and divert law enforcement away from someone facing an actual emergency. What callers may believe to be a ‘joke’ actually risks the public safety of our communities and can carry lifelong consequences for those responsible”
Links 20/10/2026: Facebook Scraping and Plagiarising News Sites, Copyright Act Turns 50
Links for the day
Microsoft's XBox Leadership and Strategy is Slop
XBox sales are already worst in the entire history of XBox
81% Voted in Favour of EPO Strikes Until End of This Year
Who's in the line of succession at EPO?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 19, 2026
IRC logs for Monday, October 19, 2026
Gemini Links 20/10/2026: Old Movies, Bandera Hike, and Mongolian
Links for the day