Microsoft agreement stack
Latest changes
Last check 2026-10-11 — 15 instruments verified live across both stacks, 3 changed. Each change below carries an impact score; the schema is at the foot of this section.
- 2026-10-11Product Terms — Summary of Changes — Live change log confirms a monthly cadence; newest published update is 1 Oct 2026, and the past 12 months record AI/privacy-relevant edits (1 Aug 2026 Privacy & Security Terms added Web IQ to the DPA-exceptions table; 15 Jun 2026 added link to Data Residency for M365 Copilot and Copilot Chat; 15 Sep 2026 Glossary added definition of 'Microsoft AI Customer Solution'). sourceMajor · 13/15privacy 3 · user-adjacent data 3 · stack 3 · reach 2 · notice 2
Privacy / user data: Web IQ moves into the DPA-exceptions table, so a live AI/browsing service sits outside the DPA baseline; the same window adds a Copilot data-residency commitment (a protection, not a risk) and a new shared definition.
Effect on the stack: Changes both precedence (a named service leaves the DPA baseline) and meaning (a new Glossary definition is read across the whole stack).
- 2026-10-11Products & Services Data Protection Addendum (DPA) — DPA version advanced from v.1 Sep 2025 (as previously recorded) to the current 22 May 2026 English release (aka.ms/DPA redirects to the licensing-docs page listing 22 May 2026 as the newest version). sourceMajor · 9/15privacy 2 · user-adjacent data 1 · stack 2 · reach 3 · notice 2
Privacy / user data: The DPA is the instrument that defines the enterprise data-protection baseline, so a version advance matters — but the text diff between versions has not been read, so this magnitude is provisional.
Effect on the stack: An incorporated addendum: a new version is read into every master agreement at once, for every enterprise customer.
Coverage: 23 of 23 instruments have a monitored public source.
At a glance
- Vendor
- Microsoft
- Layer model
- Master → Product Terms (+ change log) → Addenda (DPA, Privacy & Security Terms) → Service-specific (SLA, AI Code of Conduct, embedded AUP) → Incorporated-by-reference (Glossary, Privacy Statement, Universal License Terms, data-residency, subprocessors)
- Instruments tracked
- 23 registry rows (MS-01–MS-22 plus MS-BING)
- Primary change signal
- Product Terms — Summary of Changes
- Status
- In-force (form); underlying documents not opened here
How the stack is built
Each layer is incorporated by reference into the one above it; service-specific and data-protection terms take precedence for their own subject matter.
Instruments
Each instrument links to its live document where one exists.
| ID | Instrument | Layer | How it is read in | Change mechanism | Status |
|---|---|---|---|---|---|
| MS-01 | Microsoft Customer Agreement (MCA) | Master | Framework; incorporates Product Terms + DPA by reference; has a "Modifications to this Agreement" clause. | Notice / continued use | in-force (form) |
| MS-02 | Enterprise Agreement | Master | Alternative master for volume licensing. | Renewal / amendment | in-force (form) |
| MS-03 | Products and Services Agreement | Master | Alternative master. | Amendment | in-force (form) |
| MS-04 | Microsoft Product Terms | Product terms | Incorporated by reference into the master; per-product rules. | Updated about monthly | in-force |
| MS-05 | Product Terms — Summary of Changes | Change log | Not a contract; the public change signal for MS-04. | Published per update | in-force |
| MS-06 | Products & Services Data Protection Addendum (DPA) | Data addendum | Governs personal-data / GDPR processing; incorporated by reference. | Versioned releases | in-force |
| MS-07 | Privacy & Security Terms | Product terms | Service-specific exceptions to the DPA (>15 carve-outs). | Updated with Product Terms | in-force |
| MS-08 | SLA for Online Services (consolidated) | Service-specific | Uptime / service commitments; consolidated (~53k words, >100 services). | Updated periodically | in-force |
| MS-09 | Enterprise AI Services Code of Conduct | AI conduct | Governs AI-service use; incorporated. | Updated | in-force (form) |
| MS-10 | Embedded acceptable-use rules | AUP | AUP terms embedded in Product Terms (no separate titled AUP). | With Product Terms | in-force (form) |
| MS-11 | Product Terms Glossary | Definitions | Defines terms used across the stack — editing it changes meaning everywhere (>100 defined terms). | With Product Terms | in-force |
| MS-12 | Microsoft Privacy Statement | Privacy notice | Separate from the enterprise DPA; applies to non-enterprise / consumer surfaces. | Online update | in-force |
| MS-13 | Microsoft Services Agreement (MSA) | Services agreement | Governs consumer services; relevant to mixed / consumer-account use. It is not labelled "consumer" in the instrument itself. | Notice; last change Feb 2024 → Feb 2026 | in-force (form) |
| MS-14 | Digital Safety pages | Moderation | Consolidated pages; individual titles vary. | — | unknown |
| MS-15 | Enterprise data protection in M365 Copilot (Learn) | Docs | Documentation, monitored separately from binding terms. | — | docs |
| MS-16 | M365 service-data framework (descriptive) | Docs | No standalone instrument titled so. | Docs update (ms.date) | unknown |
| MS-17 | Product Terms data-residency — M365 Copilot | Commitment | Residency commitment for Copilot data. | Added 1 Mar 2024 | in-force (form) |
| MS-18 | Microsoft Licensing Resources & Documents | Index | Index; not operative. | — | index |
| MS-19 | Microsoft 2025 Annual Report | Context | Not a contract. | — | n/a |
| MS-20 | Universal License Terms for Online Services | Product terms | Incorporates universal terms for online services. | With Product Terms | in-force |
| MS-21 | Subprocessor lists | Subprocessors | New downstream processors mean new storage, routing, or jurisdiction; incorporated. | Updated on change | in-force |
| MS-22 | Microsoft Professional Services DPA | Data addendum | DPA for professional services. | Versioned | in-force |
| MS-BING | Bing governing instruments (Copilot Chat → Bing) | Unknown | Copilot Chat can send queries to Bing, which is governed separately; not identified — record as "identify + verify", do not invent. | — | unknown |
Incorporation and precedence
- The MCA "Modifications" clause allows change by notice.
- The Product Terms material-adverse-change protection does not extend to "New Features, Supplements, or Related Software" — a principal drift mechanism.
- The Glossary is a lever that can change meaning across the stack without amending the master agreement.
- Subprocessor additions change processing locations.
- Change can enter through any layer, on its own schedule, often by online update plus continued use, without renegotiation.
What the monthly check diffs
- Version / effective date (DPA versions; master-agreement dates; Product Terms update dates).
- Content hash / change-log entry (Microsoft "Summary of Changes").
- New-feature carve-out text — does newly released AI functionality sit inside or outside protections?
- Data-use / retention statements.
- Subprocessor lists (additions and removals; processing locations).
- Glossary / definitions — meaning-level change across the stack.
- Precedence / order-of-precedence clauses — any reordering changes how documents are read.
- New instruments appearing in the stack, or instruments renamed or withdrawn.
- Data-residency commitments (for example, Copilot).
Watch list: Microsoft Product Terms Summary of Changes (/licensing/terms/product/changes/all) — monthly or more often. Microsoft DPA version and "New Features" clause; subprocessor lists (Service Trust Portal). Microsoft data-residency line for Copilot; Glossary revisions.
Changelog
The full running log for this stack, newest first.
- 2026-10-11Product Terms — Summary of Changes — Live change log confirms a monthly cadence; newest published update is 1 Oct 2026, and the past 12 months record AI/privacy-relevant edits (1 Aug 2026 Privacy & Security Terms added Web IQ to the DPA-exceptions table; 15 Jun 2026 added link to Data Residency for M365 Copilot and Copilot Chat; 15 Sep 2026 Glossary added definition of 'Microsoft AI Customer Solution'). sourceMajor · 13/15
- 2026-10-11Products & Services Data Protection Addendum (DPA) — DPA version advanced from v.1 Sep 2025 (as previously recorded) to the current 22 May 2026 English release (aka.ms/DPA redirects to the licensing-docs page listing 22 May 2026 as the newest version). sourceMajor · 9/15
Sources and further reading
- Microsoft Product Terms: https://www.microsoft.com/licensing/terms/
- Product Terms — Summary of Changes: https://www.microsoft.com/licensing/terms/product/changes/all
- Products & Services DPA: https://aka.ms/DPA
- Licensing programs: https://www.microsoft.com/licensing/docs/view/Licensing-Programs
Change-impact schema
Every change found by the check is scored on five dimensions (0-3 each, total 0-15) and placed in one of three bands. The point is to separate housekeeping from changes that belong in a review.
- Privacy / data-protection effect — Does it change what personal data is processed, why, where, or for how long?
- User-adjacent data — Does it touch data generated by or about end users — prompts, content, telemetry, feedback, identifiers?
- Stack effect — Does it change how the stack is read — incorporation, precedence, scope, or a shared definition?
- Reach — How many services, surfaces or customers are affected?
- Notice and reversibility — Was there notice? Can a customer object, exit, or negotiate — or is it unilateral?
- 0-3Incidental — Housekeeping. Nothing substantive changes; safe to skip in a review.
- 4-8Minor — Real but bounded. A defined subset, a clarification, or a date/label change without a change to the underlying obligation.
- 9-15Major — Substantive. Changes obligations, data flows, or how the stack reads — belongs in a review or a client briefing.
Compiled from public vendor documents and the tracked change log. Not legal advice — verify against the primary source before relying on it.