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 establishes the operational framework through which GitHub processes personal data across international borders, designating SCCs as the contractual safeguards that govern the lawfulness of cross-border data flows from regulated jurisdictions to less restrictive data protection environments.
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 in the EEA, UK, and Switzerland will have their personal data transferred to and processed in the United States and other jurisdictions outside their home region, with data protection protections established through Standard Contractual Clauses rather than equivalent domestic legal frameworks.
How other platforms handle this
Where Zendesk transfers personal data outside of the European Economic Area, the United Kingdom, or Switzerland, we rely on appropriate transfer mechanisms, including Standard Contractual Clauses approved by the European Commission, to ensure that your personal data receives an adequate level of pro...
Cohere is headquartered in Toronto, Canada, and has offices and infrastructure in various locations around the world. 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 ma...
Your personal data may be transferred to and processed in countries outside the European Economic Area (EEA) or United Kingdom, including the United States. Where we transfer your data internationally, we ensure appropriate safeguards are in place, such as Standard Contractual Clauses approved by th...
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"If you are located in the European Economic Area, the United Kingdom, or Switzerland, we transfer your personal data to countries outside of your jurisdiction, including to the United States. We rely on Standard Contractual Clauses (SCCs) approved by the European Commission, or equivalent mechanisms, as the legal basis for such transfers.— Excerpt from GitHub's GitHub Privacy Statement
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The provision establishes the operational framework through which GitHub processes personal data across international borders, designating SCCs as the contractual safeguards that govern the lawfulness of cross-border data flows from regulated jurisdictions to less restrictive data protection environments.
Users in the EEA, UK, and Switzerland will have their personal data transferred to and processed in the United States and other jurisdictions outside their home region, with data protection protections established through Standard Contractual Clauses rather than equivalent domestic legal frameworks.
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