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If you use Windows 10 you accept the Terms and Services [0]. This also includes the Data Processing Addendum. So there is a legal basis for Microsoft to send Da
by number6 6y ago
If you use Windows 10 you accept the Terms and Services [0]. This also includes the Data Processing Addendum. So there is a legal basis for Microsoft to send Data to the US. Since Microsoft falls under FISA it has to give data to the authorities with no chance to appeal for the data subject. This violates the GDPR.
Ok this is the legal stuff.
Here is the technical stuff [1]. In short: Windows 10 sends all kind of data including whole documents to Microsoft USA and you can't stop it using the OS but have to apply Firewall rules and DPI.
So if you really want to use Microsoft you have to make a Data protection impact assessment for each new version of windows 10.
I know no one who does this. But if you ask the federal dpo they will tell you that they can't say if you can use windows 10 for this or that but you should asses it yourself using a data protection impact assessment.
I just hope nobody will ever touch this sticky ball
[0]https://www.microsoft.com/en-us/licensing/product-licensing/products https://www.microsoft.com/en-us/licensing/product-licensing/...
[1]https://www.bsi.bund.de/EN/Topics/Cyber-Security/Recommendations/SiSyPHuS_Win10/SiSyPHuS_node.html;jsessionid=F899BCB1BC6CD1F43C3B8CC93EAB16C6.2_cid500 https://www.bsi.bund.de/EN/Topics/Cyber-Security/Recommendat...
- nl 6y agoThere is an explicit exemption in the GPDR for law enforcement and national security. See https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/exemptions/#:~:text=Law%20enforcement%20%E2%80%93%20the%20processing%20of,the%20Police%20investigating%20a%20crime https://ico.org.uk/for-organisations/guide-to-data-protectio...).&text=However%2C%20it%20is%20covered%20by,for%20national%20security%20and%20defence.
- number6 6y agoEU Law Enforcment and EU national security and it has to be comliant with basic human rights. In paragraph 183 of C-311/18, the CJEU also found that US surveillance “in transit” (like “Upstream” or taps of the underwater cables) violate EU fundamental rights.