Upwork · Upwork Privacy Policy · View original document ↗

Optional Contract No Open Source Without Permission

Medium severity Explicitdocumentlanguage Common · 253 of 352 platforms
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Recent governance activity Upwork recorded 6 documented changes in the last 30 days.
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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

Recent Activity

This document changed recently

Medium Jul 1, 2026

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.

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High May 1, 2026

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.

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Medium Apr 19, 2026

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.

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How other platforms handle this

Ledger Medium

The open licence may contain clauses that take precedence over some of these conditions.

Glassdoor Medium

You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.

Segment Medium

Twilio will not use your name, logo, or a description of your use case(s) on Twilio's website, earnings release and calls, or marketing or promotional materials without your prior written consent.

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▸ View Original Clause Language DOCUMENT RECORD
"
Freelancer agrees that it will not incorporate into Work Product or otherwise deliver to Client any software code for which the use or distribution of the code will create...obligations for Client to grant any rights or immunities under Client intellectual property to a third-party...

— Excerpt from Upwork's Upwork Privacy Policy

Applicable regulations

DMCA
United States Federal

Provision details

Document information
Document
Upwork Privacy Policy
Entity
Upwork
Document last updated
May 5, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-026974
Document ID
CA-D-00142
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
a8317ef805233afd22c54b506ede241c26f34e99dfe8e9b9bde9646a3a54833d
Analysis generated
July 9, 2026 06:28 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Upwork
Document: Upwork Privacy Policy
Record ID: CA-P-026974
Captured: 2026-07-09 06:28:32 UTC
SHA-256: a8317ef805233afd…
URL: https://conductatlas.com/platform/upwork/upwork-privacy-policy/provision/CA-P-026974/optional-contract-no-open-source-without-permission/
Accessed: July 12, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Upwork's Optional Contract No Open Source Without Permission clause do?

The clause states: “Freelancer agrees that it will not incorporate into Work Product or otherwise deliver to Client any software code for which the use or distribution of the code will create...obligations for Client to grant any rights or immunities under Client intellectual property to a third-party...”

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 253 platforms. See the full comparison.

Is ConductAtlas affiliated with Upwork?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Upwork.