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
Users covered by EU-U.S. or Swiss-U.S. data protection frameworks receive protections established by those Principles even if GitHub's privacy statement would otherwise provide less.
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 →If you are covered by the EU-U.S. or Swiss-U.S. Data Privacy Framework, the DPF Principles override any conflicting terms in GitHub's privacy statement.
How other platforms handle this
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.
Glassdoor complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.
Discord commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner's Office (ICO) and the Swiss Federal Data Protection and Information Commissioner...
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GitHub has changed this document before.
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"If there is any conflict between the terms in this privacy statement and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.— Excerpt from GitHub's GitHub Privacy Statement
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Users covered by EU-U.S. or Swiss-U.S. data protection frameworks receive protections established by those Principles even if GitHub's privacy statement would otherwise provide less.
If you are covered by the EU-U.S. or Swiss-U.S. Data Privacy Framework, the DPF Principles override any conflicting terms in GitHub's privacy statement.
ConductAtlas has identified this type of provision across 270 platforms. See the full comparison.
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