The terms state that Prompts (code and contextual data sent to GitHub) are encrypted in transit, deleted after Suggestions are generated, and not used for any other purpose by default. Retention occurs only under three enumerated conditions: CLI or non-editor tool usage, private language model fine-tuning requests, and alternative data handling configurations such as third-party extension enablement.
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 provision establishes the default data lifecycle for Prompt data and defines the conditions under which retention is triggered. Enterprise organizations with source code confidentiality requirements or data minimization obligations under GDPR or similar frameworks should map their active Copilot configurations against the three retention conditions specified in Section 6(B).
Under these terms, Prompt data including submitted code and chat input is deleted by default after Suggestions are returned. The agreement states that retention applies when users access Copilot through CLI tools, enable private language model fine-tuning, or configure third-party extension integrations, meaning the applicable data handling treatment depends on which product features are active.
Cross-platform context
See how other platforms handle Prompt Data Handling and Retention and similar clauses.
Compare across platforms →"GitHub Copilot sends an encrypted Prompt from you to GitHub to provide Suggestions to you. Except as detailed below, Prompts are transmitted only to generate Suggestions in real-time, are deleted once Suggestions are generated, and are not used for any other purpose. Prompts are encrypted during transit and are not stored at rest without your permission.Excerpt from GitHub's Copilot Product Terms
(1) REGULATORY LANDSCAPE: This provision engages GDPR data minimization and storage limitation principles, as well as CCPA obligations regarding the processing of personal information, to the extent that Prompt data constitutes or contains personal data.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Get the weekly coverage letter
Companies change their terms without announcing it. We capture governance documents, compare each new version with the last, and publish what changed, with the source text behind it. One email a week on what we found and what we could not reach.
This provision establishes the default data lifecycle for Prompt data and defines the conditions under which retention is triggered. Enterprise organizations with source code confidentiality requirements or data minimization obligations under GDPR or similar frameworks should map their active Copilot configurations against the three retention conditions specified in Section 6(B).
Under these terms, Prompt data including submitted code and chat input is deleted by default after Suggestions are returned. The agreement states that retention applies when users access Copilot through CLI tools, enable private language model fine-tuning, or configure third-party extension integrations, meaning the applicable data handling treatment depends on which product features are active.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by GitHub.