GitHub · GitHub Privacy Statement · View original document ↗

Affiliate Data Sharing with Microsoft

High severity Medium confidence Explicitdocumentlanguage Unique · 0 of 325 platforms
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Document Record

What it is

GitHub may share your personal data with Microsoft and its subsidiaries for service, security, and product improvement purposes, and Microsoft may use that data under Microsoft's own privacy policy.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The policy authorizes transfer of personal data to Microsoft's broader corporate family, meaning data collected by GitHub may be processed under Microsoft's separate privacy terms and for Microsoft's own operational purposes, not solely for GitHub service delivery.

Interpretive note: The precise scope of permitted purposes for Microsoft affiliate sharing is broadly described; the operational extent of sharing for product improvement purposes is not fully specified in the policy text.

Recent Activity

This document changed recently

High Apr 28, 2026

The updated terms now explicitly authorize GitHub to collect AI outputs generated within the platform alongside user-provided code and content, and to share personal data with Microsoft and other Git…

Consumer impact (what this means for users)

The policy permits GitHub to share user personal data including identifiers, usage data, and content interactions with Microsoft Corporation and affiliated entities, who may then process that data under Microsoft's privacy statement for purposes beyond direct GitHub service delivery.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Delete Your Data
    Submit a data deletion or restriction request via GitHub's privacy form at https://support.github.com/contact/privacy specifying concerns about affiliate data sharing with Microsoft.

How other platforms handle this

LinkedIn Medium

Affiliates are companies controlling, controlled by or under common control with us, including, for example, LinkedIn Ireland, LinkedIn Corporation, LinkedIn Singapore and Microsoft Corporation or any of its subsidiaries (e.g., Github, Inc.).

Mercury Medium

We may share your personal information with third parties, including our affiliates, service providers, financial institution partners, and business partners. We may share information with third parties for their own marketing purposes or to provide you with offers and promotions that may be of inte...

OpenAI Medium

We may share your Personal Data with third parties in the following circumstances: Vendors and Service Providers: We share your Personal Data with vendors and service providers who perform services for us, such as hosting, infrastructure, analytics, payment processing, and customer support. Affiliat...

See all platforms with this clause type →

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▸ View Original Clause Language DOCUMENT RECORD
"
As a member of the Microsoft family of companies, GitHub may share personal data with Microsoft Corporation and its subsidiaries and affiliates. Microsoft may use this information consistent with its own privacy statement. Sharing within the corporate family may occur for purposes including service delivery, security, and product improvement.

— Excerpt from GitHub's GitHub Privacy Statement

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

(1) REGULATORY LANDSCAPE: This provision implicates GDPR Articles 26 and 28 (joint controllers and processors), Article 46 (transfers to third countries), and CCPA provisions on sharing personal information with affiliates. The Irish Data Protection Commission is the lead supervisory authority for GDPR purposes. Intra-group data transfers to Microsoft US entities require adequate transfer mechanisms such as Standard Contractual Clauses. (2) GOVERNANCE EXPOSURE: High. Affiliate sharing with a parent company of Microsoft's scale and data processing footprint creates significant compliance exposure for enterprise customers, particularly where employees' professional activity data may be shared across the Microsoft ecosystem. The scope of permitted sharing purposes (security, product improvement) is broadly stated and may require further specification to satisfy GDPR purpose limitation requirements. (3) JURISDICTION FLAGS: EU/EEA and UK users face heightened exposure given the volume of US-based Microsoft processing. California residents should note that affiliate data sharing may qualify as sharing under CCPA/CPRA. Organizations in financial services or healthcare sectors may have additional contractual or regulatory restrictions on affiliate data sharing. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should obtain and review GitHub's Data Processing Agreement to confirm the scope and basis for Microsoft affiliate data sharing. Where enterprise contracts include data residency requirements, teams should verify whether affiliate sharing is scoped or limited. Liability for downstream Microsoft processing may not be clearly allocated in standard GitHub agreements. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should conduct a data transfer impact assessment for intra-group transfers to Microsoft US entities, verify that Standard Contractual Clauses are in place and current, and assess whether employee-facing privacy notices disclose Microsoft affiliate sharing in sufficient detail.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC has jurisdiction over data sharing practices and can investigate whether affiliate sharing disclosures are adequate under the FTC Act.
    File a complaint →
  • State AG
    State attorneys general in California and other states with comprehensive privacy laws may have jurisdiction over affiliate data sharing practices affecting state residents.
    File a complaint →

Applicable regulations

CCPA/CPRA
California, USA
Connecticut Data Privacy Act Amendments
US-CT
CAN-SPAM
United States Federal
FTC Act Section 5
United States Federal
GDPR
European Union
Indiana Consumer Data Protection Act
US-IN
Kentucky Consumer Data Protection Act
US-KY
UK GDPR
United Kingdom
Universal Opt-Out Mechanism Expansion 2026
US
VPPA
United States Federal

Provision details

Document information
Document
GitHub Privacy Statement
Entity
GitHub
Document last updated
May 5, 2026
Tracking information
First tracked
May 10, 2026
Last verified
May 12, 2026
Record ID
CA-P-011300
Document ID
CA-D-00254
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
d21b58443ca0b4402240dbd06996ada072c72ed842fcccc6b13acab2d7bc6c4d
Analysis generated
May 10, 2026 09:46 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: GitHub
Document: GitHub Privacy Statement
Record ID: CA-P-011300
Captured: 2026-05-10 09:46:36 UTC
SHA-256: d21b58443ca0b440…
URL: https://conductatlas.com/platform/github/github-privacy-statement/affiliate-data-sharing-with-microsoft/
Accessed: May 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

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Frequently Asked Questions

What does GitHub's Affiliate Data Sharing with Microsoft clause do?

The policy authorizes transfer of personal data to Microsoft's broader corporate family, meaning data collected by GitHub may be processed under Microsoft's separate privacy terms and for Microsoft's own operational purposes, not solely for GitHub service delivery.

How does this clause affect you?

The policy permits GitHub to share user personal data including identifiers, usage data, and content interactions with Microsoft Corporation and affiliated entities, who may then process that data under Microsoft's privacy statement for purposes beyond direct GitHub service delivery.

Is ConductAtlas affiliated with GitHub?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by GitHub.