“...you agree to the Data Protection Agreement unless your Agreement with GitHub already includes a different data protection agreement.”
This analysis describes what GitHub's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This clause determines which data protection framework governs the relationship, and the outcome depends on whether a prior agreement with GitHub already addresses data protection.
Users are bound by the Data Protection Agreement unless they already have a separate data protection agreement with GitHub that would take precedence.
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In all other cases, these Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If we rely on certain legal bases (such as "legal obligation" or "contractual necessity") and you do not provide us with your Personal Data, we may not be able to lawfully provide you services.
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7-10, and 14-20.
"...you agree to the Data Protection Agreement unless your Agreement with GitHub already includes a different data protection agreement.Excerpt from GitHub's Copilot Product Terms
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This clause determines which data protection framework governs the relationship, and the outcome depends on whether a prior agreement with GitHub already addresses data protection.
Users are bound by the Data Protection Agreement unless they already have a separate data protection agreement with GitHub that would take precedence.
ConductAtlas has identified this type of provision across 298 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by GitHub.