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 →Changed from implicit consent model to explicit reliance on Standard Contractual Clauses for GDPR-regulated transfers, adding Data Protection Officer contact option and providing stronger legal framework.
View full 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.
How other platforms handle this
to request that your data be transferred to a third party (data portability)
Your organization may allow you to access and export your data in order to back it up or transfer it to a service outside of Google.
Further, you may take legal actions in relation to any potential breach of your rights regarding the processing of your Personal Information, as well as to lodge complaints before the competent data prot...
"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 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.
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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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