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

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