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

Links 04/11/2026: Slop Helps Break Laws and Scam Altman Pretends Chatbots Are Persons
Links for the day
 
Like Almost Every Slopfarm, UbuntuBuzz Seems to Have Thrown in the Towel
Linuxsecurity and Linuxiac (to some extent Linuxjournal) are still going, but for how much longer?
EPO 'Midterm' Elections Should Oust the Dictator
Tentatively a failure to secure another (unprecedented) reappointment before Christmas
Secret IBM Layoffs and Increase in PIPs (Silent Layoffs)
The media is failing to do its job
Links 05/11/2026: "Voice is Underutilized" and How Data Centres Lost the Midterm Elections
Links for the day
Intercontinental Brigading - Part XXXIX - Crime Numbers Regarding GGG (Americans) and Why Those Still Matter
Time does not undo the actions
Intercontinental Brigading - Part XXXVIII - Telling the Police About the Defamatory Blog Where Posts Targeted My Wife and I (From Across the Atlantic Ocean)
Two years ago we spoke to cops a lot
The Register MS is Losing Money Again, Based on The Register MS
Selling out didn't pay off for very long
There Are No "Layoffs" Anymore, Layoffs Got Rebranded
We're entering bizarre times when layoffs are said to be "down" (according to the regime that suffered a 'bloodbath' in the election) because companies quit using the term "layoffs"
Gemini Links 05/11/2026: Rivers of London, Soul Cakes, STMicroelectronics, and Slop
Links for the day
The Register MS Has Just Published Fake Article With "AI" 84 Times in the Page Because It Was Paid to Do This!
Astounding number of mentions of "AI" (84 in total)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 04, 2026
IRC logs for Wednesday, November 04, 2026
Gemini Links 04/11/2026: Abacus and Spare IT Equipment
Links for the day
Viet Nam and Thailand at High Adoption Levels of GNU/Linux, Other Nations Nearby Are No Exception
Helen Chiang and her colleagues say it's a "clown show" at Microsoft
Richard Stallman on What It's Like to be Threatened by Strangers With Software Patents
We hope that some EPO insiders will take time to listen to this talk
Intercontinental Brigading - Part XXXVII - Tasteless, Tactless Time for "Virtue-Signalling" (When Your Actions Are Much Like the GOP's)
Violence by cops isn't a "leftist" thing
Stealth Layoffs at IBM (PIPs and Bailouts)
string of reports or unverified hearsay
United Arab Emirates: GNU/Linux at Over 8%
According to statCounter
As XBox Goes Out of Business Helen Chiang Adds Insult to Injury
XBox sales are worst in 25 years
Steven Vaughan-Nichols is Slop
Just look at this
The Register MS is "Hosting a Dinner" for Sponsors
Remember that The Register MS keeps publishing spam about "AI"
Intercontinental Brigading - Part XXXVI - A Potent Microsoft Threat to Administration of Justice Globally (Not Just Fair Elections)
Breaking into machines to cover up one's own crimes
Intercontinental Brigading - Part XXXV - When One Does Not Understand Security (Nor Ever Pursues Security)
One might therefore conclude that Garrett is a proponent of American back doors
Links 04/11/2026: "Democratic Establishment" Wins Big and "Pentagon Sued Over Hegseth’s New “Future of Warfare” Committee Led by Musk"
Links for the day
Intercontinental Brigading - Part XXXIV - Women as Hostages, Even Spouses
First he put his own spouse behind bars by accusing the spouse of what he himself seems guilty of
A Geminispace Tally
That's not the Web, it is an alternative to it
Intercontinental Brigading - Part XXXIII - Shooting the Messenger is a Presidential Tactic
why our ministers are looking for ways to fix the law.
Andy's Latest Writings About Proton CEO Andy Yen, "JavaScript Required", and Slavery in Technology
Andy (of The Cyber Show) has some new material
Intercontinental Brigading - Part XXXII - Malfunctions Reported in Windows Voting Machines (as Usual)
"There are always problems," Ryan told us
Gemini Links 04/11/2026: GoAccess, Adopting Gopher, and Twisty Passages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 03, 2026
IRC logs for Tuesday, November 03, 2026
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women
Intercontinental Brigading - Part XXXI - Microsoft and Promoters of "Secure Boot" Are to Blame
the important thing is that the dictator and Microsoft can remotely control all computers
Links 03/11/2026: Science Around "Near-Death Experiences" and "Do Animals Grieve?"
Links for the day
Gemini Links 03/11/2026: Guitar, 3D-Printable Electric Spinning Wheel, Against Haven Social, and More
Links for the day
Intel Corporation Down Over 51% in One Month, the US Bailout Didn't Work
Is the slop industry [sic] next?
Microsoft European Development Centre (EDC) Next to be Culled?
No time for that anymore
Intercontinental Brigading - Part XXX - Breaking This Year’s Election Process With Bug Doors in Restricted Boot
Thankfully here in the UK we typically still vote with paper and pencil
Mass Layoffs at SUSE, Over 10% of Staff Gone
Ignore their excuses
When You're a Software Developer and They Tell You That Your Occupation is Dead or Dying in Order to Sell Dysfunctional Offerings Based on Hype (and Plagiarism)
Disbelief is a strength when companies borrow trillions of dollars to sell a dud and construct a pyramid scheme
Links 03/11/2026: Slop-Tied Debt is Becoming a Crisis (Lenders Panic), "Ukrainian Journalists Urge Global Media Not to Look Away From Russian Aggression"
Links for the day
Malaysia Seems to be Exploring Digital Independence With GNU/Linux and More
not too bad
Microsoft Windows is Crashing in Republic of South Korea
Like in Japan, they seem to be shutting the lid on decades of Microsoft-isms
Think Less, Aim for Less (When It Comes to Hardware)
An abundance of hardware being wasted on a pyramid scheme will become a cautionary tale one day
Gemini Links 03/11/2026: Stargazing, Linux-Powered Prism "Ambient Computer", and Abandoning Streaming Disservices
Links for the day
GNU/Linux Made Big Strides in Portugal This Year
Microsoft had many layoffs in Portugal in recent years
GNU/Linux in Argentina Now Measured at 8% "Market Share"
Argentina is known for exporting skilled footballers, not advanced technology, but it has a large population, which we can hope will dump Windows
Microsoft is Borrowing Loads of Money While Telling 60,000 Workers to Take the "Offer" and Leave, Microsoft Wants Bailouts From the Dictator
Vote in elections and also vote with your wallet
Microsoft and Spoilt Food
Some whistleblowers may be needed here
Intercontinental Brigading - Part XXIX - Undermining US Election While Engaging in Lawfare in England (BBC) Against Publishers That Cover Anti-Election Violence
The elephant in the room is back doors in voting machines
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 02, 2026
IRC logs for Monday, November 02, 2026