GitHub transfers personal data internationally, including to the US, and relies on Standard Contractual Clauses to make EU, UK, and Swiss data transfers lawful under data protection law.
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 policy states GitHub relies on Standard Contractual Clauses for international transfers, which is the standard legal mechanism post-Schrems II; however, adequacy of these transfers depends on supplementary technical and organizational measures that are not detailed in the policy itself.
Interpretive note: The policy does not specify the supplementary technical measures accompanying Standard Contractual Clauses or confirm EU-US Data Privacy Framework participation, creating interpretive uncertainty about full transfer compliance.
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 →EU, UK, and Swiss users' personal data is transferred to the United States and potentially other countries, with Standard Contractual Clauses cited as the legal basis; the sufficiency of those measures depends on supplementary safeguards not fully described in this document.
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Your personal information may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.
Your personal information may be transferred to, stored, and processed in the United States or other countries outside of your country of residence, which may have data protection laws that are different from those in your country.
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GitHub has changed this document before.
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"GitHub may transfer personal data to countries outside of your home country, including to the United States where GitHub is headquartered. For transfers from the EEA, UK, or Switzerland to countries not considered to provide an adequate level of protection, GitHub relies on Standard Contractual Clauses approved by the European Commission. GitHub's Data Protection Officer can be contacted for further information.— Excerpt from GitHub's GitHub Privacy Statement
(1) REGULATORY LANDSCAPE: This provision directly implicates GDPR Chapter V (international data transfers), the Schrems II judgment (C-311/18), and UK GDPR transfer requirements. The EU-US Data Privacy Framework may also be relevant if GitHub participates. The Irish Data Protection Commission and European Data Protection Board are the primary supervisory authorities. Transfers relying solely on Standard Contractual Clauses without documented supplementary measures may not satisfy post-Schrems II requirements. (2) GOVERNANCE EXPOSURE: High for EU/EEA and UK enterprise customers. The absence of detailed supplementary technical measures in the policy text means compliance teams cannot confirm from this document alone whether transfers are fully compliant with post-Schrems II standards. Transfer impact assessments are required under GDPR guidance for transfers to the United States. (3) JURISDICTION FLAGS: EU/EEA users face the highest exposure given ongoing regulatory scrutiny of US data transfers. UK users are subject to UK GDPR transfer requirements following Brexit. Swiss users are subject to the revised Swiss Federal Act on Data Protection. Organizations in France, Germany, and the Netherlands may face additional national DPA guidance on US data transfers. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should request GitHub's Standard Contractual Clauses and Transfer Impact Assessment documentation as part of vendor due diligence. Any enterprise agreement that includes data processing terms should specify the transfer mechanisms and supplementary measures applicable to EU employee data. (5) COMPLIANCE CONSIDERATIONS: Legal teams should request and review GitHub's Transfer Impact Assessment, confirm EU-US Data Privacy Framework participation status, verify that supplementary technical measures including encryption and access controls are documented, and assess whether data residency options are available for enterprise deployments.
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The policy states GitHub relies on Standard Contractual Clauses for international transfers, which is the standard legal mechanism post-Schrems II; however, adequacy of these transfers depends on supplementary technical and organizational measures that are not detailed in the policy itself.
EU, UK, and Swiss users' personal data is transferred to the United States and potentially other countries, with Standard Contractual Clauses cited as the legal basis; the sufficiency of those measures depends on supplementary safeguards not fully described in this document.
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