Bonum Certa Men Certa

EPO and Microsoft Collude to Break the Law -- Part IX: Know Your Vendor…

Previous parts:



A big brother-like spy
The never-ending saga of Microsoft's run-ins with European data protection authorities



Summary: Microsoft is one of the world's worst offenders when it comes to privacy, but vendor assessment by the EPO conveniently overlooks the law

Even before GDPR came into effect in May 2018, data protection regulators in some European countries were starting to have their doubts about whether Microsoft's flagship product, its Windows operating system, was compliant with European data protection standards.



The first national authority to kick into action was the French National Data Protection Commission (CNIL).

Following an investigation which concluded in June 2016, CNIL issued Microsoft with a formal notice to comply with French data protection regulations. CNIL also ruled that the decision should be made public, given the scale of the violations in question.

"Following an investigation which concluded in June 2016, CNIL issued Microsoft with a formal notice to comply with French data protection regulations. CNIL also ruled that the decision should be made public, given the scale of the violations in question."No fewer than six violations of the French Data Protection Act were identified by CNIL, including continued transfer of data based on Safe Harbor principles despite the fact that the Safe Harbour Agreement had been invalidated by the CJEU in October 2015.

Microsoft was given three months – until 30 September 2016 – to end the identified violations of French Data Protection law or else face the prospect of a fine of up to €150,000.

In June 2017, it was reported that Microsoft had scaled back the volume of data it collected from Windows 10 PCs by "almost half". This led CNIL to announce that Windows 10 was no longer in breach of the country's data protection laws and that it had decided to close the case.

But that was only the first chapter in the never-ending saga of Microsoft's run-ins with European data protection authorities.

"Microsoft was given three months – until 30 September 2016 – to end the identified violations of French Data Protection law or else face the prospect of a fine of up to €150,000."A few months later in October 2017, it was reported that the Dutch data protection authority (Autoriteit Persoonsgegevens) had come to the conclusion that Microsoft was in breach of Dutch data protection law due to the way it processed the personal data of Windows 10 users.

According to the Dutch data watchdog, Microsoft made it impossible for users to give their valid consent to their personal data being processed due to the multiple ways in which that data might subsequently be used.

The Dutch regulator noted that Microsoft had promised to end its "violations", but warned that a failure to do so could lead it to impose a sanction.

After some back and forth with the regulator, Microsoft submitted a revised version of its software in April 2018. However, in the course of testing the revised version the Dutch agency found fresh grounds for concern, discovering what it called in a press release "new, potentially unlawful, instances of personal data processing".

"After some back and forth with the regulator, Microsoft submitted a revised version of its software in April 2018. However, in the course of testing the revised version the Dutch agency found fresh grounds for concern, discovering what it called in a press release "new, potentially unlawful, instances of personal data processing"."In the meantime GDPR had entered into force, and this led the Dutch data protection authority to refer its concerns to the competent lead EU privacy regulator under the new regulations. This was the national data protection authority where Microsoft's regional HQ for the EU is located, namely the Irish Data Protection Commission.

And so the seriously under-resourced Irish DPC added the Microsoft GDPR non-compliance case to an already long list of files concerning the cross-border data processing activities of multiple tech giants which had accumulated on its docket since the GDPR came into force in May 2018.

According to the most recently available reports from May 2020 the Microsoft case is still pending before the Irish Data Protection Commission.

The situation in the Netherlands became even hotter for Microsoft with the decision of the Dutch Ministry of Justice and Security in 2018 to commission a Data Protection Impact Assessment (DPIA) to be carried out on a range of Microsoft products, including Office 365.

"The situation in the Netherlands became even hotter for Microsoft with the decision of the Dutch Ministry of Justice and Security in 2018 to commission a Data Protection Impact Assessment (DPIA) to be carried out on a range of Microsoft products, including Office 365."The DPIA was commissioned because this was a clear-cut case of data processing on a large scale (by 300,000 government employees) which involved personal data, including data that could be potentially used to track the activities of employees.

The aim of the exercise was to assess the extent to which Microsoft's Office Online and the Mobile Office Apps could be deployed in a GDPR-compliant manner by Dutch government organisations.

The scope of the investigation included the five most commonly used Office 365 applications – Word, PowerPoint, Outlook, Excel and Microsoft Teams – in Office Online and the Mobile Office apps, in combination with the use of cloud storage services.

The final report [PDF], which was published in November 2018, identified a number of serious data protection risks, in particular the following:

● Loss of control over the use of personal data; ● Loss of confidentiality; ● Inability to exercise rights; ● Re-identification of pseudonymised data; ● Unlawful (further) processing.

It was noted that effective risk mitigation was outside of the users' control and could only be carried out by Microsoft.

"It was noted that effective risk mitigation was outside of the users' control and could only be carried out by Microsoft."The investigation found an unacceptable lack of control by users over the processing of personal data by Office 365 mobile applications. Because of this government organisations were advised to create policies for their employees stating that they were not to use mobile Office 365 applications.

As we shall see in the next part, the investigation by the Dutch authorities into the GDPR-compliance of Microsoft products prompted the European Data Protection Supervisor to announce its own investigation into Microsoft products used by EU institutions.

Recent Techrights' Posts

The Importance of a Resilient Partner
Rianne's mental strength is something I both admire and sometimes envy
Dakota Chambers says “the year of Linux on the desktop” is next year (6 weeks from now)
Six weeks from now it is 2026 already
 
Links 20/11/2025: Esperanto Music History and "Hacking the URL Schema"
Links for the day
Links 20/11/2025: Phone Distraction Causes Ferry's Crash, Lots of Negative Press for Slop (Consensus Shifting)
Links for the day
Links 20/11/2025: Python Risk From Rust Activists, "Climate Change is Biggest Security Threat"
Links for the day
Links 20/11/2025: Cloudflare Outage Post Mortem and Tesla Robotaxi "Safety"
Links for the day
More Layoffs, Shutdowns Connected to Microsoft's XBox and Gaming Failure
sales flounder
Geminispace/Gopher Links 20/11/2025: Nagless, VPS, and Java
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 19, 2025
IRC logs for Wednesday, November 19, 2025
Some People Still Being RAd at IBM This Week, According to Unverified Claims Online
IBM is misleading shareholders
Gemini Links 19/11/2025: FlatCube, uBlock Origin, and More
Links for the day
Luis Berenguer Giménez Claims to Still be at the EPO (European Patent Office), Even After His Replacement Following Cocaine Bust
Look what sort of culture Campinos imported from the EU (EUIPO) to Bavaria
Censorship Doesn't Always Work
Somehow we've managed to attract the wrath of some large corporations and organisations
The Media Explains to Us Why It's Dangerous to Cover EPO's "Cocainegate"
Does the EPO command the European media?
Fake News Sites Made by LLMs Are Lying With Confidence (IBM and Red Hat Layoffs)
Slop just doesn't work
Microsoft Lunduke Publicly Attacking Linus Torvalds Says a Lot About 4Chan Cult(ure)
find some issues that sites like ours habitually explore/investigate/revisit, then add some lunatic spin on top of them
Europe Talks About "Digital Sovereignty" and Free Software in Europe is Where Things Should Start
Time will tell if anything concrete can emerge from the above, as media reports certainly have not, at least not in English
Links 19/11/2025: Lawfare Against Greenpeace, Major British Newspaper Caught Using LLM Slop
Links for the day
Links 19/11/2025: "Corporate-Government Censorship" by App Stores (Says ACLU) and Invalidation of Patent Trolls' Patents Sought
Links for the day
Links 19/11/2025: Several Sites Admit Slop Bubble "About to Burst", US Government Tacitly Endorses Assassination of Journalists
Links for the day
GNU/Linux Up to 5% in analytics.usa.gov, Apple and Microsoft Only Sell Fantasies
As for Microsoft, it tries to rebrand Windows as "AI" something or "agentic" (AI) something because it's not selling well and Microsoft needs to engage in "creative" storytelling with shareholders
They Want to Take Humour Away
If society starts gravitating towards jokes being taboo and abuse/violence/online trolling being "jokes" (they're not), we're worse off and more like North Korea
The New Stack, Sponsored by Microsoft: Pay Us Money to Read Promotion of Slop Composed by Microsofters to Sell Their Proprietary Slopware
it's a self-promotional plug for someone who came from Microsoft
Claims That IBM Research Brazil is Shutting Down, Japan Impacted Also
As usual, the corporate media won't mention this
Links 19/11/2025: Google Nest Surveillance and Daily Telegraph Still Up for Sale
Links for the day
Gemini Links 19/11/2025: "Slack is a Sauna" and ClaudeBot Nuisance
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 18, 2025
IRC logs for Tuesday, November 18, 2025
"GNU/Linux" No Longer a Pandora's Box
Cannot even make or crack a joke... when you have a target painted on your back
We Don't Keep Logs
Not for any considerable length of time
Wall Street Journal is Publishing Puff Pieces About Quantum
For IBM [...] a lot of articles about "AI" are basically a form of spam
Is the Lid Being Shut on Top of LLM Slop?
It sort of "feels" like slop is becoming passé
Celebrating Digital Sovereignty
Digital Sovereignty is connected very closely to the concept of Software Freedom
Your Web Site is Connected to the Net and the Server is Powered On, But Cloudflare Takes It All Down
Anything outsourced means that yet another party can get things wrong, resulting in problems for everyone else "in the chain"
The Register's Latest Slop Spam, Another Paid-for Article to Inflate the Bubble
Remember when celebrities advertised FTX?
Quite a Few Red Hat Layoffs These Days (or Departures)
Remember that if there are Red Hat Layoffs, they won't be called "Red Hat Layoffs" but instead be "IBM RAs" or some thing to that effect
Today is an Excellent Day To Remind People to Dump Clownflare (Cloudflare)
If people think that Clownflare (Cloudflare) will improve uptime and make access better (it sure makes accessibility far worse), remind them of all the times this clown show goes wrong, taking down with it a lot of the Web
Links 18/11/2025: Asbestos Fears, Delays for GAFAM Undersea Cable
Links for the day
Links 18/11/2025: "Bitcoin Showing Signs of Severe Collapse" and CEOs of GAFAM Finally Speak About a Slop Bubble
Links for the day
The "Nazi Bars"
We don't condone or condemn the label "Nazi Bar"
Apparent Red Hat Layoffs in "AI" (Supposedly a Strategic Area for IBM)
What is going on there?
TV Programmes in Geminispace
Sort of like teletext except more cross-platform
Gemini Protocol as a Growing Source of Audience (Mostly Technical People)
Clients for Gemini Protocol are available for almost every platform imaginable
Techrights' Assessment of Red Hat Layoffs in 2025 (Yes, They Happened!)
In short, Red Hat layoffs did occur this year, but even when they did the media did not mention these (and those would count as "IBM" regardless)
The GPU Bubble (GPUs Marketed by Useless Slop)
"they're selling GPUs for the sake of selling GPUs"
EPO Change May be Afoot, Keep Pushing and Hold Those Feet to the Fire
Backlash is brewing and societal trends reinforce backlash right now
Links 18/11/2025: CISA Advisories, Climate, "U.S. Layoffs Surge and Blaming AI is Part of the Smokescreen"
Links for the day
Gemini Links 18/11/2025: "Block Them All", Annex, Signed Commits, and "Cryptography of the Internet"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 17, 2025
IRC logs for Monday, November 17, 2025
Right Under the Nose of Mainstream Media
That the media fails to cover the matter mostly speaks volumes about the media
Formalities Officers at the EPO Face Uncertain Future, Administration Gets Asked About That
They're being too polite (perhaps) to people whose agenda is detrimental not just to the EPO but also the EPC