Does Microsoft Copilot (consumer app) sign a BAA?
Not confirmed
Microsoft publishes no BAA path for consumer Copilot used with a personal Microsoft account. It is governed by the consumer Copilot Terms and the Microsoft Services Agreement, and Microsoft's documented BAA runs only through the commercial DPA.
- Business associate
- Microsoft
- Tool
- Microsoft Copilot (consumer app)
- Plans with a BAA
- Not stated
- Checked
By plan
| Plan | BAA | How to get it | Conditions |
|---|---|---|---|
| Free / Microsoft 365 Personal, Family, Premium (personal Microsoft account) | Not confirmed | Not stated | The consumer Terms say they and the Microsoft Services Agreement govern Copilot, and they do not apply to Entra (work/school) sign-ins. Neither document mentions HIPAA or a BAA. Consumer Copilot does not appear in Microsoft's HIPAA in-scope list, which is delivered through the commercial DPA. Microsoft does not state outright that it refuses a BAA here.[1],[2],[3] |
Are the AI features covered?
Vendors often sign a BAA for the core product but leave some AI features out. Here is what Microsoft says about each one.
| AI feature | Under the BAA | Details |
|---|---|---|
| Copilot Health (consumer preview) | Not stated | Microsoft calls Copilot Health a direct-to-consumer wellness product and says HIPAA does not apply to most such products. The page does not mention a BAA. Health data is governed by Microsoft's Consumer Health Data Privacy Policy.[4],[2] |
AI chat assistants that offer a BAA
- ChatGPTBAA on: ChatGPT FedRAMP, ChatGPT for Clinicians, ChatGPT for Healthcare, Edu, EnterpriseSome plans only
- Claude apps (Claude.ai)BAA on: Enterprise (self-serve or sales-assisted)Some plans only
- GrokBAA on: API (ZDR-enabled)Some plans only
- PerplexityBAA on: API (Sonar), Enterprise Pro / Enterprise MaxSome plans only
- BastionGPTBAA on: API, Professional, Professional Plus, Ultra (Enterprise)Signs a BAA
- CompliantChatGPTBAA on: Enterprise, Starter / Pro / FullSigns a BAA
All BAA-ready alternatives to Microsoft Copilot (consumer app)
Sources
- HIPAA/HITECH - Microsoft compliance
- Copilot - Terms of Use
- Microsoft Copilot privacy overview
- About Copilot Health
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.