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GDPR Compliance Risk

GitHub Copilot is a US-based service subject to the CLOUD Act. EU organizations using this service risk non-compliance with GDPR data transfer requirements.

GitHub Copilot logo

GDPR-Compliant Alternative to GitHub Copilot

🇺🇸GitHub/Microsoft · US-based · Subject to CLOUD Act

GitHub Copilot, developed by GitHub in collaboration with Microsoft, is an AI-powered code completion tool designed to assist developers by suggesting code snippets and entire functions directly within their integrated development environment (IDE). Leveraging machine learning models, it aims to enhance productivity by providing context-aware code suggestions based on the developer's current work. Key features of GitHub Copilot include its ability to generate code in multiple programming languages, support for a wide range of IDEs, and continuous learning from public code repositories. The tool is primarily targeted at software developers, ranging from individual programmers to large development teams, who seek to streamline their coding processes. It is important to note that GitHub Copilot is a US-based product, and as such, user data is stored in the United States and subject to US data laws, including the CLOUD Act and FISA 702. The service operates on a paid subscription model, offering different pricing tiers based on user needs.

Why You Need a GDPR-Compliant Alternative to GitHub Copilot

Since the landmark Schrems II ruling in 2020, transferring personal data to US-based services like GitHub Copilot has become a significant legal risk for EU organizations. The US CLOUD Act gives American authorities the power to access data held by US companies, regardless of where that data is physically stored — even if it's in an EU data center.

While the EU-US Data Privacy Framework (DPF) adopted in 2023 provides a new legal basis for transfers, privacy experts and legal scholars have raised concerns about its long-term viability. The framework could face the same fate as its predecessors (Safe Harbor and Privacy Shield), both of which were struck down by the Court of Justice of the EU.

For organizations that want to eliminate compliance risk entirely, switching to a European-based ai & language models is the most straightforward solution. Below are the best GDPR-compliant alternatives to GitHub Copilot, all headquartered in Europe with data stored in EU data centers.

CLOUD Act Exposure

US authorities can access your data stored by GitHub Copilot, even if servers are located in Europe.

GDPR Fine Risk

Non-compliant data transfers can result in fines up to 4% of annual global revenue under GDPR Article 83.

EU Alternative Available

1 GDPR-compliant European alternative available with full EU data residency.

1 GDPR-Compliant Alternative to GitHub Copilot

European services with full GDPR compliance and EU data residency

Hugging Face logo

Hugging Face

🇫🇷

by Hugging Face

The GitHub of machine learning. Hosts 500K+ models, datasets, and Spaces. Open-source transformers library. Inference API and enterprise solutions.

Open SourceGDPR CompliantEU-Based
freemiumMigration:●●●1-2 hours

Why switch?

  • Hugging Face is fully GDPR compliant, ensuring data protection in the EU.
  • Hugging Face's models are open source, allowing for customization and transparency.
  • Data processed on Hugging Face servers remains in the EU, enhancing data sovereignty.

Consider

  • Hugging Face may lack specific IDE integrations compared to GitHub Copilot.
  • Learning curve for Hugging Face's API could slow initial productivity.
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Quick GDPR Compliance Comparison

ServiceHQ LocationGDPR NativeEU Data CentersCLOUD Act FreePricing
🇺🇸GitHub Copilot
United StatesNoPartialNopaid
🇫🇷Hugging FaceFRYesYesYesfreemium

Frequently Asked Questions

Is GitHub Copilot GDPR compliant?

GitHub Copilot is a US-based service operated by GitHub/Microsoft. While it may have some GDPR compliance measures, as a US company it is subject to the CLOUD Act, which allows US authorities to access data stored by US companies regardless of where the data is physically located. This creates a fundamental conflict with GDPR requirements for data protection.

What are the GDPR risks of using GitHub Copilot?

The main GDPR risks include: (1) Data transfers to the US may lack adequate protection since the Schrems II ruling invalidated Privacy Shield, (2) US authorities can demand access under the CLOUD Act, (3) Your organization may face GDPR fines up to 4% of annual revenue for non-compliant data transfers, and (4) User consent may not be sufficient to legitimize transfers given the systematic access by US authorities.

What are the best GDPR-compliant alternatives to GitHub Copilot?

The top GDPR-compliant alternatives to GitHub Copilot include Hugging Face. These European services store your data in EU data centers and are fully subject to GDPR protections.

How do I migrate from GitHub Copilot to a GDPR-compliant alternative?

Most migrations involve three steps: (1) Export your data from GitHub Copilot using their data export tools, (2) Create an account with your chosen EU alternative, and (3) Import your data into the new service. We provide detailed migration guides for each alternative to make the switch as smooth as possible.

Can EU companies legally use GitHub Copilot?

Since the Schrems II ruling (2020), EU organizations face significant legal risk when using US cloud services like GitHub Copilot. While the EU-US Data Privacy Framework (2023) provides a new legal basis, its long-term stability is uncertain. Many EU data protection authorities recommend using EU-based alternatives to avoid compliance risks entirely.

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Migration Resources

Last updated: January 26, 2026