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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"...you agree to the Data Protection Agreement unless your Agreement with GitHub already includes a different data protection agreement.— Excerpt from GitHub's GitHub 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 300 platforms. See the full comparison.
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