Is GitHub Copilot GDPR compliant?

Yes

GitHub (Microsoft) · Coding

Yes. GitHub (Microsoft) offers a Data Processing Agreement (DPA) for GitHub Copilot, the baseline GDPR control when a vendor processes personal data on your behalf.

What we checked

This assessment separates the consumer product from any business plan. It uses the vendor documents linked below; an unverified item is not a pass.

Data Processing Agreement: Confirmed; GitHub (Microsoft) publishes a DPA. A DPA is necessary but does not replace your own lawful-basis, DPIA and transfer assessment.
EU data residency: Not verified; No EU-residency option was confirmed in the sources reviewed for this profile.
Default data training: Opt-out required; On free/Pro/Pro+ individual plans, prompts and code snippets may be used to improve models unless the user disables it in Copilot settings.
Business-tier training: No by default; GitHub does not use Copilot Business or Enterprise prompts/suggestions to train models (including third-party models such as Anthropic/Google).

Practical risk: On individual (free/Pro) plans, code snippets can be retained and used for model improvement unless opted out, so developers on personal accounts may expose proprietary code.

How to make a decision

Check the precise account tier, written contract and intended data before approving GitHub Copilot. A security certification, DPA or setting can apply to only part of a vendor's service. Keep the source links with your supplier review and revisit them when the vendor changes its terms.

More on GitHub Copilot

Is GitHub Copilot HIPAA compliant?Is GitHub Copilot SOC 2 compliant?Is GitHub Copilot ISO 27001 certified?Does GitHub Copilot train on your data?

See the full GitHub Copilot risk profile, with every data-handling fact and its source, or browse all rated AI tools.