EU Data Watchdog Reviews Microsoft 365 Compliance Report

EU Data Protection Supervisor Assesses Microsoft 365 Compliance

Background: The March 2024 Ruling

In March 2024, the European Data Protection Supervisor (EDPS) determined that the European Commission’s use of Microsoft 365 violated EU data protection regulations. The ruling required the Commission to:

• Suspend all non-compliant data flows
• Revise its contracts with Microsoft
• Submit a compliance report by December 2024

Current Status: Compliance Review Underway

EDPS Wojciech Wiewiórowski confirmed on Tuesday that the Commission submitted its required report by the December deadline. The data protection authority is now conducting a thorough review of the submission.

Key considerations in the evaluation:

• Scope of information: The report covers extensive data processing operations
• Technical complexity: Requires detailed legal and technical analysis
• Timeline: EDPS anticipates a lengthy review period

“Given the complexity involved, we must conduct this analysis meticulously within an appropriate timeframe,” Wiewiórowski stated.

Legal Challenges Pending

The situation remains complicated by ongoing legal proceedings:

• European Commission (Case T-²⁶²⁄₂₄) and Microsoft (Case T-²⁶⁵⁄₂₄) have both challenged the EDPS’s original decision
• These parallel cases likely explain the EDPS’s cautious public statements
• 2025 expected to be decisive year for resolution

What This Means for EU Data Governance

This case represents a significant test of:

1. The EU’s ability to enforce its own data protection rules
2. Microsoft’s compliance with stringent EU regulations
3. The balance between technological efficiency and data privacy

Industry observers will be watching closely as this precedent-setting case develops through 2025.

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