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Since its launch on July 29th, Microsoft’s Windows 10 operating system has been deployed to more than 14 million devices worldwide. Like most software programs and applications, the installation process includes a notice informing users of Microsoft’s policy regarding its use. And in order to use the new operating system, users must agree to its terms and conditions in order to proceed with the installation. So what are users agreeing to?

According to an article in the August 5th Daily Telegraph[1], Microsoft has a new policy that has expanded what it can collect from a device using the Windows 10 operating system:

“We will access, disclose and preserve personal data, including your content (such as the content of your emails, other private communications or files in private folders), when we have a good faith belief that doing so is necessary to protect our customers or enforce the terms governing the use of the services,”

Microsoft said in its recently updated new Terms of Services Agreement.

This increased scope is already included in the terms of services agreements for Google for purposes of targeting ads; and for those using Siri under Apple iOS.

Under Microsoft’s new Terms of Service Agreement for Windows 10, Microsoft may collect:

  • Search queries submitted to Bing
  • A voice command to Cortana
  • Private communications including email content
  • Information from a document uploaded to OneDrive
  • Requests to Microsoft for support
  • Error reports
  • Information gathered from cookies
  • Data collected from third parties

It is important for law firms – and their I.T. support staffs – to be aware of these enhanced terms if and when Windows 10 is introduced into a firm. It is also important for firms and their  I.T. support staffs to know where and how to disable at least some of these functions.

To do this, go to Settings – Privacy and toggle off these settings.

Windows 10 Privacy Settings

Windows 10 Privacy Settings

Our consultants at Eastern Legal Systems are aware of legal ethics issues as they relate to technology and would be glad to advise you and your I.T. consultants of potential conflicts between the two. Call us at 877-ELS-0555, or contact us at [email protected] if you have a question or if we may be of service.

[1]Williams, R. (2015, August 8). Windows 10: How much of my personal information can Microsoft access?
The Daily Telegraph. Retrieved from
http://www.telegraph.co.uk/technology/microsoft/windows/11782807/windows-10-privacy.html