Oral
proceedings in opposition organised through Zoom Video Communications:
information for users regarding data protection
Zoom
Video Communications ("Zoom") is a cloud-based videoconferencing (VICO) platform
enabling the successful organisation of events in a virtual environment such
that effective interaction between participants is as close as possible to a face-to-face
experience.
With
a view to the needs of patent proprietors and users to continue enjoying access
to all patent procedures the EPO has decided to launch a pilot project on
opposition by videoconference. Within this framework, Zoom is tested to hold proceedings
which require simultaneous interpretation and/or multiple opponents.
This
pilot project forms part of our Business Continuity scenario (launched in response to the operational disruption
caused by the coronavirus pandemic). As such, the data processing operation is
based on Article 5(a) of the EPO Data Protection Guidelines ("processing is necessary for the
performance of a task carried out on the basis of the EPC or in the exercise of
official authority vested in the EPO").
Personal
data is processed by the EPO for the purpose of organising these oral
proceedings.
For
more information on the processing of personal data by Zoom or its
subcontractors, please consult their privacy
policy. Zoom
signs agreements with all its service providers that prevent them from
processing of data for their own purposes or for the purposes of another third
party.
When
the EPO organises an oral proceeding on the Zoom platform and invites the
parties to dial-in, we will do so according to the most secure options
available; the EPO nevertheless strongly recommends its users to not share any
confidential data when exchanging information using Zoom.
For
more information, please refer to the User Technical Guidelines.
The
data processed by Zoom for the purpose of oral proceedings in opposition by
VICO is as follows:
-
name of the user;
-
general
information about service preferences;
-
information
about each user´s device, network and internet connection, such as IP
address(es), MAC address, other device ID (UDID), device type, operating system
type and version, and client version;
-
information
about usage of or other interaction with Zoom Products (‘Usage Information');
-
other
information the user uploads, provides or creates while using the service;
-
metadata
used for the maintenance of the service provided;
-
optional
data: telephone number of a person making a call using Zoom services (e.g. Zoom
Phone) and data collected through the use of cookies and tracking pixels (only
in case the user visits one of Zoom marketing website).
Additional
data could be collected depending on whether the user joins the virtual event
through an Android or an iOS device. As part of the nature of a collaborative
tool, additional personal data may be included in the information that is
exchanged between the Office and stakeholders, such as instant messages,
images, files, whiteboards, recordings (if previously agreed), contacts, metadata
used for the maintenance of the service provided.
Personal
data processed by the data controller or the service providers under its
supervision are generally stored for the period of time necessary to achieve
the purpose for which they have been processed.
This
guidance will be further developed during the course of the pilot project.
Latest update: 4 September 2020
If
you have any question on data protection matters, please submit it using our contact form and it will be routed to the EPO Data
Controller.
