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
Developers and organizations storing proprietary, sensitive, or unpublished code in private repositories are relying on this confidentiality commitment, and understanding the circumstances under which GitHub can access private repository content is important for security and compliance planning.
Interpretive note: The 'reasonable degree of care' standard is not quantitatively defined, and the full list of circumstances under which GitHub may access private repository contents is set out across multiple policy documents rather than in this provision alone.
GitHub's updated Terms of Service now include an explicit section governing AI features, including Copilot. The new section establishes specific contractual terms for how user data may be collected, …
The agreement grants GitHub a broad license to reproduce, modify, distribute, and sublicense content posted to public repositories, which means code and content you make public may be used by GitHub and third parties as part of the service. For paid accounts, GitHub reserves the right to modify pricing with 30 days' notice and may suspend service for non-payment without a cure period being specified in all circumstances. You can review and adjust your repository visibility settings (public vs. private) in GitHub account settings to limit the scope of the content license granted under these terms.
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"GitHub considers the contents of private repositories to be confidential to you. GitHub will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and with no less than a reasonable degree of care.— Excerpt from GitHub's GitHub Terms of Service
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Developers and organizations storing proprietary, sensitive, or unpublished code in private repositories are relying on this confidentiality commitment, and understanding the circumstances under which GitHub can access private repository content is important for security and compliance planning.
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