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Does uploading an open source GitHub repository intended for commercial purpose make the person who uploaded the code joint data controller? What is meant is that if code is uploaded to GitHub I have asked GitHub to host it. Now for security of GitHub's website they may collect some information including i.p. addresses. Does this make GitHub a data processor for me under the GDPR? I am not referring to GitHub pages.

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    Joint with whom? Github? The person downloading and using the code? Think about it this way, the GDPR is not designed to trip you up - think about what data you control, you are a Data Controller for that data, and then think about what data you process, you are a Data Processor for that data. In your scenario, what data do you control or process?
    – user28517
    Nov 24, 2020 at 21:38
  • Is the repository public or private? There's a good argument that GH is acting as a data processor on your behalf, as discussed here. While the linked Q&A is about GitHub Pages, this generalizes to private repositories as well.
    – amon
    Dec 27, 2020 at 17:36

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As I understand it, the uploader does not decide what categories of information GitHub will collect, nor for what purposes, nor what privacy notice will be provided, nor what consent shall be asked for from Data Subjects. Nor does the uploader have the power to delete particular data records, nor to view date except insofar as it is made available to the general public. I don't see how the uploader in any way fits the GDPR role of Controller. Please correct me if I am mistaken about the role of the uploader to GitHub.

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  • I was actually cnsidering it over I mean I felt allowing github to host is a big instruction to collect data.
    – protectgoodlivingbeingask
    Dec 30, 2020 at 6:26
  • Similarly fr youtube also then right , when someone allows ads on their video they are not bringing in controllership then(I am nota lawyer.).
    – protectgoodlivingbeingask
    Dec 30, 2020 at 6:28
  • @ask Probably. I don't know what info if any YouTube provides toi content uploaders.
    – David Siegel
    Dec 30, 2020 at 7:11

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