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 use of 'generally' means standard contractual clauses are not guaranteed in every international transfer; other mechanisms may sometimes apply.
Interpretive note: The qualifier 'generally' introduces uncertainty about what mechanisms GitHub uses when it does not rely on standard contractual clauses; the excerpt does not specify alternatives.
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 data transferred internationally will generally, but not always, be protected by EU-approved standard contractual clauses.
How other platforms handle this
You may also request a copy of any Standard Contractual Clauses we use for the transfer of your data outside of the EEA or United Kingdom...
when we transfer data from the EEA or UK across other international borders, we rely on adequacy decisions, data transfer agreements, or other EU Commission- or UK Secretary of State-approved (as applicable) mechanisms...
The Federal Trade Commission has jurisdiction over ZipRecruiter's compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.
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"When we engage in such transfers, we generally rely on the standard contractual clauses published by the European Commission under Commission Implementing Decision 2021/914, to help protect your rights...— Excerpt from GitHub's GitHub Privacy Statement
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The use of 'generally' means standard contractual clauses are not guaranteed in every international transfer; other mechanisms may sometimes apply.
Your data transferred internationally will generally, but not always, be protected by EU-approved standard contractual clauses.
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