That makes sense for repository users keeping a private copy.

But, I was thinking more about companies like Github. If they can hide behind that clause for every single repo they host, the GDPR as a whole becomes useless. Pretty much everything could serve as evidence one day. As far as I know, judges don't like 'hacks' like that.

Also, additionally, code hosting platforms argue they are service providers and should not be liable for copyright infringement as long as they apply notice and takedown.