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

Rejecting 'Snoop-Phones' and Turning "Old" Phones (or Tablets) Into Freedom-Respecting Appliances
Paul Fernhout (pdfernhout.net) wrote back to Akira Urushibatathis this past weekend
Apple is the Company of Dictators and Worse
Apple is just another greedy corporation in search of sweatshops and even pedophiles (especially the high-profile ones)
Counting Unhatched Eggs Is Not Counting Chickens
Everything here will persist as normal
The "Infinite Bread"
The biblical story of Jesus feeding the 5,000 has software parallels
In Many Cases and in Many Different Ways, Technology Became Less Durable and Less Reliable Over Time
The "modern" things are more complex. And complexity is a foe or reliability and repair-ability.
Microsoft's LinkedIn is Losing Money, Traffic, and Hope; Now It Wants to Sell Its Users' Lifeblood (and Data)
Let this be a reminder of what social control media really is about
Microsoft Lunduke: Freedom of Speech Means Spreading What I Have to Say and Banning People I Disagree With
4Chan is one he aims for and he is siccing 4Chan trolls at people he doesn't like
Richard Stallman Back at the "Rudolf-Diesel" Hörsal "MW 2001" in About 40 Hours
He spoke there before; there's a very high seating capacity there
 
Slopwatch: Google News Promoting Fear, Uncertainty, Doubt (FUD)
What is the value of Google News if so many results in it are fake 'articles?
Our Uptime This Year Was Better Than AWS (Also a Lot Cheaper)
We never used "the cloud"
Amazon Web Shenanigans
An ongoing, experimental endeavour
Death of Elias Diem: FSFE mailing list archives hidden
Reprinted with permission from Daniel Pocock
Links 20/10/2025: Louvre Museum Reveals Weakness, About 7 Million Protest US Turning Into Oligarchy/Monarchy
Links for the day
They Should Have Listened to Techrights Over a Month Earlier (Xubuntu Site Compromised)
we reported this issue about 40 days earlier and nobody did anything about it
Richard Stallman to Give Another Talk Today in Bavaria (Bavarian Academy of Science)
Tomorrow at 6 PM he speaks in Munich
Barry Kauler Explains That Puppy Linux and EasyOS Exclude Systemd to Keep Things Simple
Barry Kauler's Puppy Linux is in the community's hands. He now focuses on EasyOS and more.
Half a Year After Brian Fagioli Got Kicked Out of BetaNews for Slop He's Still Doing LLM Slop and Slop Images Targeting 'Linux' (Plagiarising Original Works)
If the Web gets polluted or flooded by slopfarms such as these, and Slashdot then sends traffic so these slopfarms (Slashdot probably doesn't do this intentionally), then real writers with real knowledge of GNU/Linux will lose the spark for publishing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 19, 2025
IRC logs for Sunday, October 19, 2025
Campaign of FUD Against Framework Laptops and GNU/Linux (Using Microsoft's Attack on Linux, 'Secure Boot')
Ritual Defamation Cult has turned its attention over to Framework
Liberation From 'The Feed'
They rank things based on the editor's choice/ideology (he or she knows the sponsors, hence the masters)
Microsoft's Killing of Vista 10 Seems to Have Resulted in More Articles About GNU/Linux (But Also FUD)
We not only saw a rise in traffic, we also saw a remarkable rise in the number of articles
Today (a Day Before Richard Stallman Talk at TUM) There's a Patent Propaganda Event at TUM
Perhaps an opportunity for Dr. Stallman to rebut this "invention to patent" nonsense/fantasy (conflating monopolies with innovation)
OpenSource or "Open Source" as a Brand is Dying, Let's Get Back to Talking About Software Freedom
Those of us who actually want to reform the industry and put users in control of their systems/devices will recognise that "Open Source" was selling a lie or got-co-opted by liars
19 Years in Numbers: Techrights' Anniversary Countdown and Retrospective
In 2019 we began improving our workflows and, accordingly/predictably, we became a lot more productive
Slop Turns People Off (LLMs Lack Intelligence, They're Just Plagiarism Powerhouses That Fail to Deliver Any Real, Measurable Value)
"More" (or "MOAR") isn't always better
IBM Red Hat Has Re-calibrated or Adjusted to Bubble Economics, False Promises, and Slop/Plagiarism
This won't end well
Fake Numbers, Fake Claims, Fake Economy, and Media Grifters That Prop Up Fraud
Grifters like The Register MS won't be looked upon kindly after the bubble implodes
For Some, the GNU Web Site is Not Accessible This Week
They seem to have gone into some kind of lock-down mode
Symptoms of Upcoming Microsoft Layoffs in XBox
A crashing franchise
Psychiatrist confession: Germanwings crash & Debian toxic culture recognized before suicides
Reprinted with permission from Daniel Pocock
Gemini Links 19/10/2025: Scentjacking 101, Slop Hype Boosters, and Steam Next Fest
Links for the day
Slopwatch: The Serial Slopper, LinuxSecurity, and Google News
Let's hope slopfarms die as soon as possible
Links 19/10/2025: Cambodia Scam Centres, Slop Hurting Wikipedia Traffic
Links for the day
As Economies Crumble Free as in Beer Will Matter, Not Just Free as in Freedom/Libre (Libertad)
French regions choosing to embrace Software Freedom
25 Years Ago, an Explanation of How Reducing Free Software to 'Apps' Would Interfere With Freedom Goals
there's nothing unreasonable about it
A List of 63 Known Gemini Clients (Software to Browse Geminispace Content With Gemini Protocol)
Not counting browser plugins for Web browsers
Gemini Links 19/10/2025: "Firma Odin Is Transforming" and Bot Attacks While "AFK"
Links for the day
US Government: 6.1% of Site Visitors Use GNU/Linux
GNU/Linux has a considerable share and it is growing
LLM Slop Could Not Rise to Prominence Without Media Complicity and Artificial Hype
Inane garbage disguised as "journalism"
Why the FSF No Longer Recommends Debian, as Explained by Richard Stallman This Month
some weeks ago
All the Latest Half Dozen Articles by Mehedi Hasan (UbuntuPIT) Only Admit at the End That He's Using LLM Slop
Disclosure is OK, but the practice of using slop is not
The 'Modern' Web of Fake Security and Easy Censorship of Whole Domains
Each year it gets worse
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 18, 2025
IRC logs for Saturday, October 18, 2025
The Term "AI" is Not New and What Today's Media Calls "AI" Isn't Even AI
Only the hype was new... and totally artificial
Gemini Links 18/10/2025: "Planetary Rings", Steam, and PSU Replacement
Links for the day
Defeating LLM Abuse (State-of-the-Art Plagiarism) in the Area of Linux and GNU, Free Software, BSD, Security and So On
The aim is to get them to stop using LLMs to rip off other people's work
Links 18/10/2025: Russell Vought in Charge, US Government Leans to Russia Again
Links for the day
Credit Where It's Due: LinuxConfig.org Quit Doing LLM Slop, Back to Original and Real Articles
We waited for a while to say this, now it seems conclusive
Of Note: UbuntuPIT Aware of Critics of Slop, Adds Disclosure of Use of LLMs
We appreciate the honesty
Links 18/10/2025: Madagascar's President Flees and ICE Arrests Protest Comedian Robby Roadsteamer
Links for the day
Richard Stallman Near the European Patent Office (EPO) in 3 Days From Now
It'll be a good opportunity for patent examiners to listen, ask questions, and maybe greet him in person
From Scholar to Booster of Slop (and Even Slop in His Own Blog)
We're going to keep an eye on future posts of his
End of Vista 10 Also Good News for the BSDs
There are many news sites that recommend trying GNU/Linux this month
What's Wrong With Liking Parrots or Birds as Pets?
They'd demonise people for speaking about freedom, no matter what they say or do
Digital Sanitation Good Practices
leave behind Microsoftism
10 Days Ago Richard Stallman Gave a Long Interview in French (linuxfr.org)
English translation
Science, Not Fast Food/Junk Food
The commercial exploitation of users won't stop until users exercise full control over their software or - more broadly - their computing (including data)
The Free Software Foundation, Which Has Appointed a 43-Year-Old President, is Looking to Add Another Board Member (or Treasurer)
expect the FSF to add more people
Richard Stallman Confirms Next Week's Talk at Technical University of Munich, We Urge EPO Staff to Attend
That's probably late enough for EPO staff to attend after work
Gemini Links 18/10/2025: Notifications and Geminaut
Links for the day
Many Red Hat People Are Leaving, But It'll Be Framed Publicly as Leaving IBM
Similarly, IBM layoffs (or "RAs" as they're called) include Red Hat layoffs
Expect More Waves of Microsoft Layoffs This Month (at Least Two Rounds Confirmed Already)
From what we can gather, assuming the recent rumours about XBox are true, there will be at least 3 waves of Microsoft layoffs this month alone
Security Issues in Cisco and Jenkins Passed Off as "Linux" Problems
Fear, Uncertainty, Doubt (FUD) tactics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 17, 2025
IRC logs for Friday, October 17, 2025