Because GitHub is owned by Microsoft, your personal data including your developer profile, activity, and content may be shared across the entire Microsoft group of companies for product and business purposes.
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 establishes a data sharing mechanism within the Microsoft corporate family and clarifies the legal framework governing that sharing. This is operationally significant because it defines the scope of entities that may access GitHub user data and specifies that such access is contractually governed and subject to stated privacy protections.
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 →Your GitHub data — including repository activity, email, IP address, and usage patterns — can be shared with Microsoft and all its subsidiaries, potentially connecting your developer identity to other Microsoft services you use.
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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"GitHub is a wholly-owned subsidiary of Microsoft Corporation. We may share your personal data with our parent company, Microsoft, and other subsidiaries within the Microsoft family of companies for purposes including operating, providing, and improving our products and services. This sharing is governed by our agreements with Microsoft and is subject to the same privacy protections described in this statement.— Excerpt from GitHub's GitHub Privacy Statement
REGULATORY FRAMEWORK: This provision implicates GDPR Art. 6(1)(f) (legitimate interests for intra-group transfers), GDPR Art. 46 (SCCs or BCRs required for transfers outside EEA), CCPA/CPRA §1798.140(ah) definition of 'sharing' for cross-context behavioral advertising purposes, and UK GDPR Chapter V for UK-to-US transfers. The Irish DPC is the lead supervisory authority for GitHub/Microsoft EU operations.
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The clause establishes a data sharing mechanism within the Microsoft corporate family and clarifies the legal framework governing that sharing. This is operationally significant because it defines the scope of entities that may access GitHub user data and specifies that such access is contractually governed and subject to stated privacy protections.
Your GitHub data — including repository activity, email, IP address, and usage patterns — can be shared with Microsoft and all its subsidiaries, potentially connecting your developer identity to other Microsoft services you use.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by GitHub.