I can only give German articles about this topic:

> https://www.golem.de/news/datenschutz-windows-10-koennte-arb...

> https://www.heise.de/ix/meldung/Datenschutz-Windows-10-koenn...

> http://www.borncity.com/blog/2016/10/31/windows-10-und-das-d...

> https://www.gi.de/aktuelles/zur-diskussion/detailansicht/art...

After a quick skim of these, they all seem to say "is being looked into" and "could" and "spoke out against".

Not "have been determined to be illegal".

This is a polite way to say "it probably is illegal".

As long as there is no court judgement, one cannot write a definite opinion. If the authors directly wrote that it is illegal, Microsoft would surely admonish [is this the correct English translation of the German verb "abmahnen", which has a very specific meaning in Germany's legal system?] the authors of the texts or the medium that publishes such a statement.