The agreement includes provisions governing account termination, the handling of account data following closure, and which contractual obligations survive termination, with specific terms described in Sections 13.1 through 13.3.
This analysis describes what Upwork'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
Termination and data retention provisions govern what happens to a user's data and contractual obligations after account closure, which is operationally significant for freelancers and clients who may wish to close accounts while preserving access to historical payment records or work history.
Interpretive note: The specific data retention periods, deletion procedures, and survival provisions in Sections 13.1 through 13.3 were not reproduced in the provided document excerpt, limiting assessment of their scope.
The updated terms establish a new beta feature allowing invited users to connect third-party AI agents to their Upwork accounts. Agents can read information and draft communications (proposals, job posts, messages) without per-action confirmation, but cannot autonomously move money or finalize contracts; those actions require the user to authenticate and confirm on Upwork directly. Users are responsible for all agent actions and must ensure agent-generated content carries mandatory disclosure labels; submitting proposals through agents consumes Connects and incurs fees regardless of whether the user approves the draft-confirm action. You can revoke agent access by visiting the App Authorization page, and these beta terms apply only until you accept replacement terms.
View change record →Upwork's privacy policy previously disclosed that it complied with the U.S. Data Privacy Framework and certified adherence to its Principles regarding how it processes personal data from EU, UK, and Swiss residents. The updated policy removes nearly all of this language, including the explicit commitment to Data Privacy Framework Principles and the statement that those Principles would govern in case of conflict with other policy terms. Users in the EU, UK, and Switzerland no longer have a clear, policy-level statement of the legal framework protecting their data when transferred to the U.S., which may reduce transparency about data protection safeguards. You may contact Upwork to request copies of the data transfer mechanism documents it uses.
View change record →The updated policy now explicitly states that Upwork complies with the U.S. Data Privacy Framework and has certified to the U.S. Department of Commerce that it adheres to DPF principles when processing personal data from EU, UK, and Swiss residents. The policy establishes that if any conflict exists between Upwork's privacy policy and DPF principles, the DPF principles will govern. This creates an explicit legal hierarchy for data protection standards applicable to residents of those jurisdictions. Users from affected regions can visit https://www.dataprivacyframework.gov/ to view Upwork's certification and learn more about the DPF program.
View change record →Under these provisions, account closure does not terminate all obligations under the agreement, and the handling of account data following closure is governed by the terms described in Section 13.2; certain provisions including the AI training license are explicitly stated to survive termination.
Cross-platform context
See how other platforms handle Account Termination and Data on Closure and similar clauses.
Compare across platforms →"13. Agreement Term and Termination 13.1 Termination 13.2 Account Data on Closure 13.3 SurvivalExcerpt from Upwork's Privacy Policy
(1) REGULATORY LANDSCAPE: Data retention and deletion obligations following account closure engage GDPR Article 17 (right to erasure) for EU users, CCPA deletion rights for California residents, and applicable data retention requirements under financial services …
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Termination and data retention provisions govern what happens to a user's data and contractual obligations after account closure, which is operationally significant for freelancers and clients who may wish to close accounts while preserving access to historical payment records or work history.
Under these provisions, account closure does not terminate all obligations under the agreement, and the handling of account data following closure is governed by the terms described in Section 13.2; certain provisions including the AI training license are explicitly stated to survive termination.
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