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 clause creates a data-sharing relationship between GitHub and the broader Microsoft corporate group, meaning user data collected by GitHub becomes subject to Microsoft's independent privacy practices and policies rather than GitHub's policies alone.
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 is transferred to Microsoft and its affiliates for processing under Microsoft's privacy framework. The provision directs users to review Microsoft's privacy statement to understand how their data will be used by entities beyond GitHub.
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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GitHub has changed this document before.
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"As a member of the Microsoft family of companies, we share personal data with Microsoft Corporation and its affiliates. Microsoft may use the data in accordance with Microsoft's own privacy statement. We encourage you to review Microsoft's privacy statement.— Excerpt from GitHub's GitHub Privacy Statement
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The clause creates a data-sharing relationship between GitHub and the broader Microsoft corporate group, meaning user data collected by GitHub becomes subject to Microsoft's independent privacy practices and policies rather than GitHub's policies alone.
Users' personal data is transferred to Microsoft and its affiliates for processing under Microsoft's privacy framework. The provision directs users to review Microsoft's privacy statement to understand how their data will be used by entities beyond GitHub.
ConductAtlas has identified this type of provision across 2 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by GitHub.