GitHub added a new section to their Terms of Service specifically about AI features like GitHub Copilot, explaining how your data may be used to develop and improve their AI and machine learning models. Previously, this topic was not addressed in a dedicated section of the terms. This matters because it signals that GitHub is formalizing how they handle your code and data in relation to AI training, and users should review the new section to understand their rights and any available controls.
GitHub has added a formal section to its Terms of Service that governs how GitHub Copilot and other AI features may use your data — including code — to develop and improve AI and machine learning models. This means GitHub is explicitly reserving the right to use your data for AI training purposes, which was not previously called out in a standalone terms section. You can review the new 'AI Features, Training, and Your Data' section in GitHub's Terms of Service and check your account settings for any opt-out or data control options related to AI training.
GitHub is now explicitly stating in its terms that your code and data can be used to train AI models like Copilot, which was not previously a standalone commitment. Users and organizations need to understand what controls exist and whether their data governance obligations require updates.
GitHub formally discloses that user data may be used to develop and improve AI/ML models including GitHub Copilot, and describes available user controls.
All existing sections from Beta Previews onward were renumbered by one to accommodate the new AI section, which may affect cross-references in enterprise contracts or compliance documentation.
Section letter changed due to insertion of new AI section; no substantive change indicated but cross-references in existing agreements may be affected.
ConductAtlas Policy Archive Entity: GitHub | Document: GitHub Terms of Service | Record: CA-C-000694 Captured: 2026-04-28 06:21:10 UTC URL: https://conductatlas.com/change/2026-04-28-github-github-terms-of-service-694/ Accessed: May 2, 2026
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GitHub inserted a new section ('AI Features, Training, and Your Data') into its Terms of Service on April 28, 2026, formally disclosing that user data may be used to train and improve AI/ML models including GitHub Copilot. This touches GDPR Art. 13 (transparency obligations at collection), Art. 6 (lawful basis for processing), Art. 22 (automated decision-making), and CCPA Cal. Civ. Code §1798.100 (right to know about data use). Organizations that use GitHub in their developer stack and have employees or customers in the EU or California must assess whether their own privacy notices and DPAs remain accurate in light of this new data use. Action is required for any organization that is a GitHub customer and processes personal data on the platform.
1. GDPR Art. 13(1)(c) and 13(2)(b) — GitHub must disclose the purposes and legal basis for AI training use of personal data at the point of collection; this new section is likely GitHub's attempt at compliance but organizations must verify it satisfies their own transparency obligations to data subjects.
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ConductAtlas provides verified policy intelligence sourced directly from platform documents. All analysis is intended to support, not replace, legal and compliance review. Record CA-C-000694.
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🔒 Unlock full diff — Watcher $9.99/moGitHub updated its Privacy Statement on April 28, 2026, making several notable changes to how your data can be used. …
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