Microsoft suspected of being favored by Anticor
The contract between Microsoft and National Education for the renewal of several hundred thousand jobs is in the sights of the anti-corruption association. According to this agreement, a hundred Microsoft software (from office automation to CRM, via ERP or content management) should be present at almost 800,000 national educational workplaces. The Anticor association, known for its fight against corruption and tax evasion, announced that on May 2 it had filed a complaint with the National Financial Prosecutors Office (PNF) against Microsoft favored in the award of a public contract whose purpose is to win nearly 800,000 Modernize jobs within the national education system. Microsoft and national education in the CNIL’s sights since 2020 Information on the calls for tender from the Ministries of National Education and Level of Education. For an amount of 8.3 million euros, Microsoft was then selected to provide National Education with 800,000 new positions drawn from more than a hundred Microsoft software references.
National Free Software Council (CNLL) attorney Matre Souffron had been consulted. He reiterated at the time that this tender poses a problem because the technical specifications of a market cannot refer to a trademark or patent when this is likely to favor or eliminate certain operators.Furthermore, Franois Aubriot, member of the CNLL Board of Directors and head of the monitoring unit for the public procurement, responded to the announcement of this agreement: the state prefers annuities to Microsoft, rather than turning to French companies that are perfectly capable of providing them with the services requested and that do not practice tax optimization anticor files a Complaint against Microsoft and its agreement with National Education
This is not the first time that the CNLL has denounced a contract with a non-European tech company, considering that the gap between the digital sovereignty discourse in Europe and the reality on the ground is not great rather constriction. In 2016, a similar contract (between Microsoft and National Education) was also the subject of litigation, but the Council’s arguments failed to convince the relevant authorities.
For the Commission Nationale de lInformatique et des Liberts (CNIL), the use of software by American companies involves a significant risk in terms of the protection of personal data given the transfer of data to the United States.
No agreement has currently been reached on the successor to the Privacy Shield to facilitate data transfers in compliance with the GDPR framework. For its part, Anticor takes the lead by considering that the tendering process seems to have been built for the exclusive benefit of the American company. This complaint had a significant impact as the project was halted.
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