“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...”
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 commitment creates an affirmative obligation on GitHub to safeguard private repository contents, establishing a baseline confidentiality standard.
Interpretive note: The excerpt likely contains additional conditions or exceptions (e.g., legal process carve-outs) that are not visible in the truncated text. The canonical claim reflects only the affirmative obligation stated.
The updated terms establish a dedicated section governing AI features, including GitHub Copilot. The new language introduces formal definitions of 'AI Feature', 'Input' (content or context provided to an AI feature, including prompts, attachments, code, and conversation history), and 'Output' (responses and suggestions generated by the AI feature). The terms state that GitHub may use Input data for development and improvement of AI and machine learning models. Users of AI features should review the new section K to understand how their prompts, code, and conversation history may be processed.
View change record →Users can expect GitHub to actively protect their private repository contents against unauthorized use, access, or disclosure.
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each Party will, upon written request, return or destroy all Confidential Information of the other Party in its possession or control.
the Receiving Party may retain Confidential Information of the Disclosing Party that is contained in an archived computer system backup...on condition that such retained Confidential Information remains subject to Section 5 (Confidentiality)
We shall promptly destroy personal information without delay when the retention period has expired or when the purpose of processing has been achieved, and the personal information is no longer necessary.
"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...Excerpt from GitHub's Terms of Service
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The commitment creates an affirmative obligation on GitHub to safeguard private repository contents, establishing a baseline confidentiality standard.
Users can expect GitHub to actively protect their private repository contents against unauthorized use, access, or disclosure.
ConductAtlas has identified this type of provision across 268 platforms. See the full comparison.
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