Bonum Certa Men Certa

EPO and Microsoft Collude to Break the Law -- The 'Smoking Gun': Hard Evidence That the EPO Has Been Lying About GDPR Compliance

What the EPO says:

EPO CA-20-19 page 49 of 88

Summary: The EPO's Annual Reports of the Board of Auditors help show that the cronies of Benoît Battistelli have been lying all along about GDPR compliance; António Campinos is, as expected, just another one of those Battistelli cronies, in effect passing EPO funds into a gambling black hole and overseas violators of everybody's privacy

We have managed to track down copies of the "audit reports" which allegedly confirm a close alignment between the EPO's data protection framework and the GDPR.



As far as we have been able to work out, the "audit reports" that the EPO refers to in its data protection "puff pieces" are the annual reports of the supposedly independent Board of Auditors (warning: epo.org link). One of these "independent" auditors is Battistelli's old crony from the INPI, Frederic Angermann.

" One of these "independent" auditors is Battistelli's old crony from the INPI, Frederic Angermann."Anyway, the annual audit report is usually issued as Administrative Council document no. 20 at the end of April or beginning of May each year.

So for 2020, the document is numbered CA/20/20 [PDF].

For 2019 it is CA/20/19 [PDF] and for 2018, the reference number is CA/20/18 [PDF].

"From this it can be seen that the the annual reports of the Board of Auditors just parrot the party line of EPO management..."We've made local copies as we want this to last and remain unchanged, just in case something mischievous was to happen at the EPO's end. As happened in the past...

The documents are publicly available via the official webpage of the Council (warning: epo.org link) and can be found using the search keyword "auditors".

The first mention of GDPR is in the 2018 audit report, CA/20/18, on page 6 of 81:

42) As of 25 May 2018, a new, uniform General Data Protection Regulation (GDPR) on data privacy will apply across the European Union (EU) to all organisations collecting and/or processing data from EU residents. 43) On July 2017, the President issued a task force with a mandate to assess the potential impact of this new EU GDPR on the EPO's current data protection guidelines. 44) It is noted that the EPO's current data protection guidelines are relatively closely in line with the new GDPR. However, an action plan is in place to address the potential impact of the GDPR on the EPO.


EPO CA-20-18 page 6 of 81

The 2019 audit report, CA/20/19, contains the following statement:
259) The new European General Data Protection Regulation (GDPR) has been in force since 25 May 2018. Even though the EU regulations do not directly apply to the EPO as an international organisation, basic principles have been implemented, as European citizens' data is processed at the EPO.


It then goes on to talk about a the implementation of a "data protection register to record all the processing operations carried out on personal data" which can be accessed by EPO employees on the EPO intranet. It is not accessible to external data subjects but external parties can make a data subject access request "thus ensuring the right to information". This is followed by a recommendation that data protection register needs to be updated and to be completed in order to ensure that all relevant information is available.

The report then states that the EPO's IT department, referred to as IM (= Information Management) is "only involved in the GDPR analysis on a high-level basis" and that IM does not prepare the necessary implementation, such as deletion concepts.

This section of the report concludes with a recommendation to include IM much more in the GDPR evaluation "to ensure that technical and organisational measures are addressed adequately. Additionally technical solutions need to be evaluated."

The 2020 audit report, CA/20/20, contains a section entitled "Analysis of implementation of GDPR requirements in the HR area" on page 7 of 89. According to this:

41. Since the Office, as an international organisation that does not fall under the EU regulations, is not subject to the General Data Privacy Regulation (hereinafter: "GDPR"), the internal "Guidelines for the protection of personal data" were developed and introduced by the Office with the latest revision in 2014. The abovementioned guidelines are very close to the requirements of the GDPR and Regulation (EU) 2018/1725 and as such are to be implemented and followed by the Office.


EPO CA-20-20 page 7 of 89

There are two short paragraphs explaining that "audit procedures were carried out in respect of the adherence of the Office to the requirements of the above-mentioned guidelines within the HR area" and that the audit "resulted in a number of recommendations", such as the need to update the Data Protection Registry and to define retention and deletion periods and actions for events such as retirement and leaving the Office.

"There hasn't actually been any independent audit of the EPO's data protection framework to determine the level of GDPR compliance."Additionally, it recommends that "the awareness of the responsibilities of controllers in terms of data protection topics should be raised, and regular training sessions should be held for the HR department, as well as for other departments working with the personal data, to inform them about critical areas in the data protection process."

From this it can be seen that the the annual reports of the Board of Auditors just parrot the party line of EPO management according to which "the EPO's current data protection guidelines are relatively closely in line with the new GDPR" (CA/20/18) and "the internal 'Guidelines for the protection of personal data' [which] were developed and introduced by the Office with the latest revision in 2014 ... are very close to the requirements of the GDPR and Regulation (EU) 2018/1725" (CA/20/20).

There hasn't actually been any independent audit of the EPO's data protection framework to determine the level of GDPR compliance.

All that we have are bald assertions of GDPR compliance by EPO management which have been rubber-stamped by the auditors without further ado.

"All that we have are bald assertions of GDPR compliance by EPO management which have been rubber-stamped by the auditors without further ado."Given that EPO management claimed at the time of adoption of the EPO's internal "Guidelines for the protection of personal data" in 2014 that they were closed aligned to the earlier EU Regulation (EC) 45/2001, it remains to be explained how these same Guidelines could now manage to be compliant with the GDPR which was not adopted by the EU until 2016 and entered into force in 2018.

Of course it's complete nonsense but as long as nobody actually goes to the trouble of carrying out an independent audit who's going to notice anything?

Recent Techrights' Posts

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"
The "Alicante Mafia" - Part VII - The Industrial Actions Began Yesterday, Here's Why
The "Alicante Mafia" might not last much longer
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
 
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
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
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
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
If You Don't Want "Linux" to Become "Windows", Then Follow GNU
GAFAM isn't a friend of Linux; it's only a user in the same sense clients are "users" of a brothel
Links 19/01/2026: National Broadcasters on World or Local Affairs Up to a Week Ago
Links for the day
Gemini Links 19/01/2026: Game Boy and "The Lounge" (IRC) for the Elderly
Links for the day
Slopfarms in Google News (at Least Three Today) With Fake 'Articles' About "Linux"
Google itself is trying to promote its own slop ("Overview") at the expense of original and credible sources
Links 19/01/2026: ChatGPT’s Defects and The Guardian on Why So-called "AI Companies Will Fail"
Links for the day
This is What the Slop Bubble Popping Can Look Like
Maybe not an overnight collapse, but getting there gradually
IBM Quiet About Its Plan for Red Hat Amid Accelerated Bluewashing
Something is going on at Red Hat
The "Alicante Mafia" - Part V - It Seems Like Some People Are Already Leaving "The Mafia"
they have a rough idea of what's coming
Microsoft Means War, Microsoft is on the Side of ICE
Microsoft, people-ready
More Confirmatory Rumours Regarding "Massive" Red Hat Layoffs
Ecosystem and sales said to be targeted
Proprietary UNIX is What We'll Have If IBM Red Hat Gets Its Way
IBM Red Hat wants to control everything, even if that means killing everybody
Free Software in Times of Peace (and Times of War, Too)
GAFAM and IBM are war companies
Founder of GNU/Linux (RMS) Speaks in US University (College) This Week
The auditorium has very high capacity and this is his "college comeback" talk in the United States
Office Meetings Are Most Useful to the Least Productive Workers
In my "office life" days I really didn't like meetings
LinuxSecurity and Linuxiac Are Still Slopfarms, Even Anthony Pell Does It
We suppose waiting another month or another year won't change a thing
Claim That the Board of Directors at IBM Isn't Happy With How the Company is Run
IBM tries to project an image of strength to the whole world, especially to its clients
Links 18/01/2026: Legal Trouble for xAI, Climate Concerns, Data Breaches and More
Links for the day
'Vibe Coding', Chatbots, and Other Bots (e.g. "Agents" Disguised as "Superintelligence") Aren't Saving You Time
False marketing, FOMO marketing tactics
Gemini Links 19/01/2026: Analog Cameras and Plucker in 2026, US Losing Acceptability in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 18, 2026
IRC logs for Sunday, January 18, 2026