EU Commission launches legal action against EDPS over MS 365 decision

11/07/2024 | Official Journal of the European Union

In March, the European Data Protection Supervisor (EDPS) published the findings of its investigation into the use of Microsoft 365 by the European Commission. According to the EDPS, the Commission's use of Microsoft 365 violates several provisions of Regulation (EU) 2018/1725 (EUDPR), the data protection law for EU institutions, bodies, offices and agencies. 

In an unusual turn of events, the Commission filed a lawsuit on 17 May, challenging the decision made by the EDPS. Details of the case have now been made public in the Official Journal of the European Union, and it makes for interesting reading. The Commission is seeking for the Court to annul the decision on the grounds that the EDPS made several erroneous interpretations and applications of the EUDPR. 

Considering the number of EU institutions that use Microsoft 365, the case could have far-reaching implications.

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