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

GDPR lawful basis legal obligation

Medium severity Explicitdocumentlanguage Common · 272 of 352 platforms
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Recent governance activity GitHub recorded 6 documented changes in the last 30 days.
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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

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
4
Months Monitored
Jul 10, 2026
First Seen
Jul 10, 2026
Last Seen
This clause type exists across 1548 other provisions on other platforms.

How other platforms handle this

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ZipRecruiter Medium

The Federal Trade Commission has jurisdiction over ZipRecruiter's compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.

Netflix Medium

you consent as part of these Terms to venue for such cases exclusively in these courts.

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Monitoring

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▸ View Original Clause Language DOCUMENT RECORD
"
We process data when it's necessary to comply with applicable laws or to protect the rights, safety, and property of GitHub, our affiliates, users, or third parties.

Excerpt from GitHub's Privacy Statement

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-036643
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-036643
Captured: 2026-05-10 09:46:36 UTC
SHA-256: d21b58443ca0b440…
URL: https://conductatlas.com/platform/github/github-privacy-statement/provision/CA-P-036643/gdpr-lawful-basis-legal-obligation/
Accessed: July 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

Other risks in this policy

Governance intelligence across arbitration, AI governance, data rights, indemnification, and retention

Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.

Frequently Asked Questions

What does GitHub's GDPR lawful basis legal obligation clause do?

The clause states: “We process data when it's necessary to comply with applicable laws or to protect the rights, safety, and property of GitHub, our affiliates, users, or third parties.”

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 272 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.