NEWS
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GitHub Copilot
GitHub Copilot
 
Risk Overview
Moderate Risk
3.7
/10
Code Generation
·
Code Completion
·
Top Risks

Copilot Coding Agent accesses code repositories and executes code changes autonomously. Active class action lawsuit over open-source training data. Individual plan training opt-in by default. Session logs for Coding Agent retained for life of account. Open-source license reproduction risk in suggestions.

Mitigations

Use Business or Enterprise plan for stronger training/retention protections. Configure content exclusions via .copilotignore and repository settings. Opt out of training for individual plans in settings. Review IP indemnification coverage carefully. Monitor Doe v. GitHub litigation developments.

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Highest Risk Categories

The highest-scoring risk categories identified in this assessment.

Legal Terms

GitHub ToS includes binding arbitration and class action waiver. Active class action litigation (Doe v. GitHub) ongoing regarding open-source code training. IP indemnification offered for Business/Enterprise paying customers covering Copilot suggestions. Pending litigation is a material legal risk.
6
/10

Training Use

Individual Free/Pro users: GitHub may train on inputs/outputs unless user opts out in settings. Business/Enterprise customers: contracts prohibit use of Copilot interaction data for model training—effectively opt-out by default for enterprise. Prompt data discarded once suggestion returned for Business/Enterprise.
4
/10

Data Retention

Business/Enterprise: prompts discarded once suggestion returned; user engagement data kept 24 months. Individual plans: prompts and suggestions kept 28 days; engagement data 2 years. Copilot Coding Agent session logs kept for life of account.
4
/10

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Updated July 2026 • AI-assisted research • Reviewed by Verax • Report an issue

Reference Documentation

Official documentation and policies referenced as part of this assessment.