ID or identity check for freelancers
- Why
- Confirming who you are before an account is held
- Who sees it
- Upwork staff handling the check
- How long it's kept
- Check the privacy policy's retention section [4]
Freelance work marketplace · Privacy summary guide
Upwork Privacy Summary
Upwork may use your work to train AI unless you opt out, and the default is disputed. Opting out does not reach content already used, so change the setting before your first contract. Identity checks and sensitive client data need care too: Upwork is not HIPAA compliant and signs no business associate agreements. [1] [2]
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What Upwork handles, and what happens to it
Contract work and messages
- Why
- Doing the job, and AI training unless you opt out
- Who sees it
- Your client or freelancer, and Upwork staff for support, disputes and trust and safety
- How long it's kept
- Opt-out does not reach content already used [1] [2]
Health information
- Why
- Not suited to Upwork: not HIPAA compliant
- Who sees it
- Keep it off the platform
- How long it's kept
- Not held by Upwork under a business associate agreement [1]
Privileged legal communications, production databases, proprietary code
- Why
- Legal commentators advise against sharing them
- Who sees it
- Anyone in the conversation, and Upwork staff
- How long it's kept
- Keep them off the platform [1]
Customer data for AI features
- Why
- Running platform features with technology partners
- Who sees it
- Partners that run the features, not third-party model trainers
- How long it's kept
- Not stated in the help article [3]
| What | Why | Who sees it | How long it's kept |
|---|---|---|---|
| ID or identity check for freelancers | Confirming who you are before an account is held | Upwork staff handling the check | Check the privacy policy's retention section[4] |
| Contract work and messages | Doing the job, and AI training unless you opt out | Your client or freelancer, and Upwork staff for support, disputes and trust and safety | Opt-out does not reach content already used[1] [2] |
| Health information | Not suited to Upwork: not HIPAA compliant | Keep it off the platform | Not held by Upwork under a business associate agreement[1] |
| Privileged legal communications, production databases, proprietary code | Legal commentators advise against sharing them | Anyone in the conversation, and Upwork staff | Keep them off the platform[1] |
| Customer data for AI features | Running platform features with technology partners | Partners that run the features, not third-party model trainers | Not stated in the help article[3] |
The one thing to know: the AI default is disputed, so set it yourself
Two sources say Upwork made AI training opt-out by default from 5 January 2026, covering work product, communications and other platform data. One report says the default is off, with mutual opt-in. The sources conflict, so do not rely on the default. Check the setting in your own account. [1] [2]
AI and your work
Work product and communications are used for training only when both the client and the freelancer opted in. If either one opts out, that contract is excluded. Opting out is not retroactive, so content already used stays in the models. [1] [2]
Upwork staff can access work data for support, disputes, trust and safety and compliance, whatever your setting. Fraud and trust-and-safety training is excluded from opt-out. [1]
Upwork says in its help article that it does not share customer data with third parties to train third-party AI models. It may share data with technology partners to run features on the platform. [3]
How to opt out
Open Settings, then Privacy Settings, then AI Preferences. Do it before your first contract, not after. Opting out stops future training on your work, but it does not reach content already used. [2] [1]
Identity checks: what you hand over
Upwork runs identity checks for freelancers, and reviews describe accounts closed after them. Before you upload an ID, read the retention section of Upwork's privacy policy to see how long documents are kept. [4] [5]
Client data: keep the sensitive material out
Upwork is not HIPAA compliant and signs no business associate agreements, so do not put protected health information on the platform. Legal commentators quoted by Terms.law also advise against sharing privileged communications, production databases and proprietary code, and they say the platform's licence may conflict with an NDA. [1]
The verdict
The weak spot is AI training: the default is disputed, and opting out does not reach past use. Set the preference before your first contract, keep health data and source code off the platform, and read the privacy policy's sharing and retention sections before you upload identity documents. The tips page has the same steps for each side.
Bibliography
Sources
- Terms.law, Upwork AI and privacy update (5 Dec 2025) (independent)
- aiguide101, Upwork AI training opt-out steps (independent)
- Upwork Help Centre, How to control your AI preferences (official)
- SmartCustomer, Upwork reviews (2024 to 2026) (independent)
- Hacker News, discussion of Upwork account bans (independent)