Provision record
GitHub · GitHub Privacy Statement · View original document ↗

Affiliate Data Sharing with Microsoft

High severity Medium confidence Explicit document language Common · 288 of 352 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 GitHub affiliates for purposes including training and improving artificial intelligence and machine learning technologies. The privacy statement indicates that aggregate and de-identified data will be used where feasible, but the updated language establishes broader authority for affiliate data sharing and AI model development than the previous version stated. The revised terms also remove specific disclosure of the conditions under which GitHub personnel may access private repositories, replacing that detail with a cross-reference to the Terms of Service, which means the scope of internal GitHub access to private repositories is now defined in a separate contract document rather than the privacy statement itself.

View change record →

Clause Stability Stable

0
Changes
5
Months Monitored
May 12, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 4430 other provisions on other platforms.

Change history

modified Jul 11, 2026

Severity increased from medium to high; language changed from "governed by our agreements with Microsoft and subject to the same privacy protections" to "consistent with its own privacy statement," weakening protection guarantees.

View full change record →

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

Skillshare Medium

Protect us, our business, our users, and others, for example to enforce our terms of service, prevent spam or other unwanted communications, and investigate or protect against fraud

Squarespace Medium

we may use, retain or share information with law enforcement or others in circumstances where a person's vital interests require protection, such as in the case of emergencies.

Tinder Medium

we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services and/or our affiliates' services...

See all platforms with this clause type →
▸ 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 Privacy Statement

ConductAtlas Analysis

Institutional analysis (regulatory & 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.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

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/provision/CA-P-011300/affiliate-data-sharing-with-microsoft/
Accessed: Aug. 27, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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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.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 288 platforms. See the full comparison.

Is ConductAtlas affiliated with GitHub?

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