Cursor vs GitHub Copilot: which signs a HIPAA BAA?

Only Cursor offers a BAA. Anysphere (Cursor) signs one for Cursor only on Enterprise. GitHub doesn't offer a BAA for GitHub Copilot.

Business associate
Anysphere (Cursor)
Tool
Cursor
Plans with a BAA
Enterprise
Checked
Some plans only
Anysphere (Cursor) signs only for the plans listed.
Business associate
GitHub
Tool
GitHub Copilot
Plans with a BAA
None
Checked
No BAA
GitHub won't sign a BAA for GitHub Copilot.

Side by side

CursorAnysphere (Cursor)GitHub CopilotGitHub
BAASome plans onlyNo BAA
Plans with a BAAEnterpriseNone
How to get itThrough sales—
AI features outside the BAA partly covered excluded
  • AI models / third-party model providers (Partly covered)
  • Third-party services and integrations (Excluded from the BAA)
None listed
Sources2 sources5 sources
Last checkedOct 11, 2026Oct 11, 2026

Every plan

Cursor

  • EnterpriseRequires a signed Enterprise agreement and BAA before any PHI is submitted. Privacy Mode must be enabled and locked organization-wide, and users may send PHI only through Eligible Services. The HIPAA Implementation and Configuration Guide forms part of the BAA and is available on request from the Trust Center.Signs a BAA
  • TeamsTeams customers are told to contact sales about moving to Enterprise before they request a BAA.No BAA
  • Hobby / Pro / individual plansThe BAA page names only Enterprise and does not mention individual plans.Not confirmed

GitHub Copilot

  • Copilot Business / Copilot Enterprise (governed by the GitHub DPA)Section 12 of the GitHub DPA (October 2025) bars customers from giving GitHub HIPAA protected health information unless GitHub gives prior, written, specific consent. GitHub publishes no BAA or way to request one. Microsoft's HIPAA BAA in-scope service list does not include GitHub, so Microsoft's BAA does not cover Copilot.No BAA
  • Copilot Free / Pro / Pro+ (individual accounts)The GitHub Terms of Service do not mention HIPAA, PHI or BAAs, and no BAA offering for individual plans was found. GitHub does not say whether the DPA's PHI restriction applies to these plans.Not confirmed

If you handle patient data

Use Cursor on a plan listed above, and sign the BAA before anyone enters protected health information. Don't put PHI into GitHub Copilot. Other GitHub Copilot alternatives that sign a BAA

More comparisons

A signed BAA is necessary but not sufficient for HIPAA compliance, which also depends on configuration, access controls, and your own policies. Verdicts summarize the vendor's own published terms as of the date checked; confirm with the vendor and your counsel before sending protected health information. Not legal advice.