GitHub added a new section titled 'AI Features, Training, and Your Data' to its Terms of Service on April 28, 2026, establishing specific terms governing GitHub Copilot and other AI features. The new section explicitly addresses how user data may be used for development and improvement of AI and machine learning models, and describes what controls users have over that data. This addition moves AI-related governance from general terms into a dedicated contractual section.
GitHub's updated Terms of Service now include an explicit section governing AI features, including Copilot. The new section establishes specific contractual terms for how user data may be collected, used, and retained for developing and improving AI and machine learning models, and identifies what controls are available to users. The practical effect is that AI-related data practices are now consolidated under dedicated contractual language rather than dispersed across general service terms.
The updated Terms of Service now establish dedicated contractual governance for AI features and data practices. This formalization allows users, customers, and regulators to identify specific terms governing AI training data uses in a single location rather than inferring them from general service language. For organizations subject to data protection regulations (GDPR, CCPA, LGPD), the explicit terms establish what data uses are contractually authorized and what user controls exist, which affects how they must represent GitHub's practices in their own data governance and customer commitments.
→ Review the new 'AI Features, Training, and Your Data' section to understand what data uses are authorized and what controls are available
→ If using Copilot, check for opt-out or control mechanisms described in the new section
→ The AI data practices described in the new section will apply as written upon continued use
→ Organizations will not have visibility into specific data uses and controls governing AI training unless they review the new section
New section establishes explicit contractual terms governing how user data is used for AI model development, improvement, and what controls users have over that data use.
This change record describes what was added, removed, or modified in the document. Analysis reflects what the updated agreement states or permits. It does not constitute a legal determination about enforceability. Applicability may vary by jurisdiction. Methodology
Users now have explicit contractual terms describing how their data may be used for AI training, rather than having those practices described only in general service terms.
GitHub formalized AI governance by consolidating AI-specific terms into a dedicated contractual section. Organizations using GitHub, particularly those with Copilot deployments, should review the specific language in the new 'AI Features, Training, and Your Data' section to understand what data uses are authorized, whether consent mechanisms apply, and what user controls exist. This change affects how organizations need to represent GitHub's data practices in vendor assessments, data processing agreements, and privacy notices to their own customers and stakeholders.
GDPR (if processing EU resident data), CCPA (if processing California resident data), EU AI Act (to extent it applies to AI model training), LGPD (if processing Brazilian resident data)
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🔒 Full diff — WatcherGitHub updated its Privacy Statement on April 28, 2026 to explicitly authorize collection and use of AI outputs from user-provided …
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