Bonum Certa Men Certa

EPO and Microsoft Collude to Break the Law -- Summing Up: EPO Administrative Council Still Asleep at the Wheel

Previous parts:



EPO's council heads



Summary: AC chair Josef Kratochvíl (CZ) and deputy chair Borghildur Erlingsdóttir (IS) seem to be unperturbed by the sell-out of the EPO's "digital sovereignty" taking place on their watch

For quite some time now it has been an open secret that the data protection framework at the EPO is not fit for purpose.



Back in the spring of 2014 the Bavarian Data Protection Commissioner, Dr Thomas Petri, carried out his own independent investigation into the matter following a complaint and he came to the conclusion that "nobody was really in charge".

Together with his colleague the Federal German Data Protection Commissioner, Andrea Vosshoff, Dr Petri raised serious concerns about the state of data protection at the EPO. However, their urgent pleas for reform fell on deaf ears.

"So it's difficult to see how such a manifestly deficient framework which hadn't changed in the meantime could be considered meet the even more stringent standards imposed by GDPR in 2018."When the EU GDPR came into effect in May 2018, Battistelli attempted to pull the wool over the eyes of the EPO's stakeholders and the general public by issuing a self-serving communiqué (warning: epo.org link) proclaiming the EPO's commitment to "ensuring the highest level of data protection" and announcing that "a recent audit report has confirmed a close alignment with the GDPR legal framework".

The only problem here is that Dr Petri, a serious and well-regarded independent expert on data protection law found that the EPO's data protection framework failed to measure up to pre-GDPR standards in 2014.

So it's difficult to see how such a manifestly deficient framework which hadn't changed in the meantime could be considered meet the even more stringent standards imposed by GDPR in 2018.

As a matter of fact, a report commissioned by the EPO staff union SUEPO from external legal experts in 2016 came to the conclusion that the EPO's data protection framework was not compliant with EU data protection standards and was in urgent need of a radical overhaul.

It's worth citing a few passages from that report for the record:

The European Union does, quite rightly, take data protection seriously. Yet the framework at the EPO gives rise to significant cause for concern, which has also been expressed by the national data protection authorities of the main host state – the Federal Republic of Germany.

The Guidelines for the Protection of Personal Data in the European Patent Office (‘EPO DataProtection Guidelines’ or ‘EPO DPG’), which were unilaterally adopted by the President and which entered into force on 1st April 2014. The current EPO DPG appear to fail to meet the standards of both EU data protection law and the national data protection laws of the Contracting States, in particular, the host countries of the EPO. As such, they do not provide a satisfactory framework for safeguarding the data protection rights of data subjects within the Office.

A key component of the EU data protection framework and which is reflected in the national data protection laws of all EU member states is the existence of an independent oversight body; yet this is conspicuously absent at the EPO. Indeed, the deficiencies in the existing system of data protection established by the EPO's Data Protection Guidelines have come to the attention of the national data protection authorities in the host state of the EPO's headquarters (Germany) and have even been the subject of a discussion in the Legal Affairs Committee of the German Federal Parliament (Bundestag).


In the meantime, very little has changed at the EPO apart from the arrival of a new Data Protection Officer via "the talent pipeline from the EUIPO in Alicante” in April 2020 as previously reported by Techrights.

"Unfortunately for all concerned, the Administrative Council appears to have completely abdicated its responsibilities in this regard."When all is said and done, the task of ensuring that the EPO's data protection framework is fit for purpose is a matter of fundamental legal and political significance which lies within the responsibility of the governing body of the organisation, namely the Administrative Council.

This is not something which can be simply delegated to the EPO management to deal with on its own initiative.

Unfortunately for all concerned, the Administrative Council appears to have completely abdicated its responsibilities in this regard.

The Council gives the distinct impression that it is "asleep at the wheel" as the senior management of the EPO proceeds to sell out the organisation's "digital sovereignty" to a US multinational corporation behind its back.

EPO cruise
Once again, the EPO's Administrative Council seems to be asleep at the wheel



Of course the Council has only got itself to blame for the precarious and potentially disastrous situation which has now developed.

After all they were the ones who permitted their sense of judgement to be corrupted by the former Council Chairman Battistelli and agreed to follow his proposal to disband the independent Audit Committee in 2011.

With the benefit of hindsight it is now apparent that, by acting as an accessory to Battistelli's Machiavellian intrigues and acquiescing in the disbandment of the Audit Committee, the Council followed a misguided course of action which has had far-reaching and detrimental effects on the integrity of EPO governance.

It comes as no real surprise to see that - having deprived itself of any genuinely independent source of advice by means of an ignominious act of self-mutilation at the urging of Battistelli - the Council is now unable to react in an robust manner to defend the EPO's "digital sovereignty" and to ensure that the organisation's data protection framework is fit for purpose and truly GDPR-compliant.

These are matters of fundamental importance and legitimate concern not only to EPO staff but also to all other stakeholders, including the general public.

Unfortunately the current Council under the stewardship of its chair, Josef Kratochvíl (Czech Republic), and deputy chair, Borghildur Erlingsdóttir (Iceland), does not appear to appreciate the seriousness of the issues and stake and seems unlikely to take appropriate remedial action unless and until something dramatic happens to jolt it out of its complacent slumber.

Recent Techrights' Posts

Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
 
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
"But Corruption is Everywhere"
"We'll always have Polio..."
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day