Microsoft has been accused of offloading its responsibilities for children's personal data onto schools ill-equipped to handle such a task, according to a complaint filed by the advocacy group NOYB (None of your business) with Austria's privacy watchdog.

The allegations against Microsoft's online education software mark the latest in a series of grievances levelled at the American tech giant by rivals and campaigners. Tech-fuelled educational programmes gained prominence during the COVID-19 pandemic as schools transitioned to remote teaching, transforming students into online learners.

NOYB's complaints centre on Microsoft's 365 Education suite, encompassing programmes like Word, Excel, Microsoft Teams, PowerPoint, and Outlook. In its first complaint, the group alleges that Microsoft shifts its role as a data controller responsible for processing users' personal data under the EU's General Data Protection Regulation (GDPR) onto schools lacking the necessary data.

"Under Microsoft's current system imposed on schools, your school would have to audit Microsoft or instruct them on processing pupils' data. Everyone knows such contractual arrangements are unrealistic," said NOYB lawyer Maartje de Graaf. "This is nothing more than an attempt to distance Microsoft from children's data as much as possible."

Microsoft stated its willingness to address any questions from data protection agencies regarding NOYB's complaints, asserting, "M365 for Education complies with GDPR and other applicable privacy laws, and we thoroughly protect the privacy of our young users."

The second NOYB complaint focuses on cookies installed in Microsoft's 365 Education, which advertisers use for consumer tracking. NOYB lawyer Felix Mikolasch said: "Our analysis is very worrying. Microsoft 365 Education appears to track users regardless of age, likely affecting hundreds of thousands of pupils and students in the EU and EEA.”.

NOYB has urged the Austrian Data Protection Authority to investigate its complaints and fine Microsoft accordingly.

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