GitHub may share your personal data with Microsoft and its subsidiaries for service, security, and product improvement purposes, and Microsoft may use that data under Microsoft's own privacy policy.
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 authorizes transfer of personal data to Microsoft's broader corporate family, meaning data collected by GitHub may be processed under Microsoft's separate privacy terms and for Microsoft's own operational purposes, not solely for GitHub service delivery.
Interpretive note: The precise scope of permitted purposes for Microsoft affiliate sharing is broadly described; the operational extent of sharing for product improvement purposes is not fully specified in the policy text.
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 →Severity increased from medium to high; language changed from "governed by our agreements with Microsoft and subject to the same privacy protections" to "consistent with its own privacy statement," weakening protection guarantees.
View full change record →The policy permits GitHub to share user personal data including identifiers, usage data, and content interactions with Microsoft Corporation and affiliated entities, who may then process that data under Microsoft's privacy statement for purposes beyond direct GitHub service delivery.
How other platforms handle this
Protect us, our business, our users, and others, for example to enforce our terms of service, prevent spam or other unwanted communications, and investigate or protect against fraud
we may use, retain or share information with law enforcement or others in circumstances where a person's vital interests require protection, such as in the case of emergencies.
we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services and/or our affiliates' services...
"As a member of the Microsoft family of companies, GitHub may share personal data with Microsoft Corporation and its subsidiaries and affiliates. Microsoft may use this information consistent with its own privacy statement. Sharing within the corporate family may occur for purposes including service delivery, security, and product improvement.Excerpt from GitHub's Privacy Statement
(1) REGULATORY LANDSCAPE: This provision implicates GDPR Articles 26 and 28 (joint controllers and processors), Article 46 (transfers to third countries), and CCPA provisions on sharing personal information with affiliates.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Search "[your state] attorney general consumer complaint" to find your state's direct complaint form
ConductAtlas detected a major restructuring of Meta’s privacy policy that removed detailed consumer rights disclosures and relocated them to separate documents.
Your genetic data may be transferred to a new owner as a business asset. Here is what the Terms of Service actually say and what you can do right now.
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The policy authorizes transfer of personal data to Microsoft's broader corporate family, meaning data collected by GitHub may be processed under Microsoft's separate privacy terms and for Microsoft's own operational purposes, not solely for GitHub service delivery.
The policy permits GitHub to share user personal data including identifiers, usage data, and content interactions with Microsoft Corporation and affiliated entities, who may then process that data under Microsoft's privacy statement for purposes beyond direct GitHub service delivery.
ConductAtlas has identified this type of provision across 288 platforms. See the full comparison.
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