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
The provision expands the scope of data processors beyond GitHub to include the broader Microsoft corporate structure, requiring users to understand data handling practices across multiple affiliated entities rather than GitHub alone.
Interpretive note: The exact categories of personal data shared with Microsoft affiliates and the legal basis for each transfer are not exhaustively enumerated in the excerpt available, creating some ambiguity about the full scope of sharing.
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 →Users' personal data collected by GitHub may be shared with and processed by Microsoft subsidiaries and affiliates according to the Microsoft Privacy Statement terms, in addition to GitHub's own privacy practices. The operative scope of data sharing extends to the full Microsoft corporate family rather than remaining within GitHub's direct operations.
How other platforms handle this
We may share your personal information with our affiliates, meaning entities that control, are controlled by, or are under common control with Consensys. We also share information with service providers who assist in operating our services, subject to confidentiality obligations.
At Ledger, earning and maintaining our users' trust is a top priority. That's why we are deeply committed not only to protecting your privacy and securing your personal data, but also to being fully transparent about how we handle it.
Loyalty and partner program companies. We share information with our loyalty and partner program companies, like Ulta Beauty and Marriott.
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"As a member of the Microsoft family of companies, GitHub shares certain personal data with Microsoft. GitHub may share information with Microsoft affiliates and subsidiaries. In addition, Microsoft may process your personal data as described in the Microsoft Privacy Statement.— Excerpt from GitHub's GitHub Privacy Statement
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The provision expands the scope of data processors beyond GitHub to include the broader Microsoft corporate structure, requiring users to understand data handling practices across multiple affiliated entities rather than GitHub alone.
Users' personal data collected by GitHub may be shared with and processed by Microsoft subsidiaries and affiliates according to the Microsoft Privacy Statement terms, in addition to GitHub's own privacy practices. The operative scope of data sharing extends to the full Microsoft corporate family rather than remaining within GitHub's direct operations.
ConductAtlas has identified this type of provision across 1 platforms. See the full comparison.
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