Does Salesforce Agentforce / Einstein sign a BAA?

Only on some plans or setups

Salesforce signs a BAA that can include many Agentforce and Einstein services, such as Agentforce Service Agent, Agentforce Assistant, Einstein Bots and Prompt Builder. Each service carries restrictions, including mandatory Data Masking in the Einstein Trust Layer. Some Einstein features (e.g., Commerce Cloud Einstein) are excluded.

Based on 1 source, all from Salesforce unless marked.

Not fully covered by the BAA: Einstein GPT for Service / Sales / Commerce; Einstein Bots; Commerce Cloud Einstein; Marketing Cloud Einstein features in Marketing Cloud Next; Lightning Discover.

Business associate
Salesforce
Tool
Salesforce Agentforce / Einstein
Plans with a BAA
Salesforce contracts with a signed BAA naming HIPAA Covered Services
Checked
Some plans only
Salesforce signs only for the plans listed.

By plan

PlanBAAHow to get itConditions
Salesforce contracts with a signed BAA naming HIPAA Covered ServicesSigns a BAAThrough salesCoverage applies only to services the signed BAA names as HIPAA Covered Services. The customer must encrypt PHI and follow the Acceptable Use and AI Acceptable Use policies, and covered services must run on Salesforce first-party, Hyperforce or public-cloud infrastructure.[1]

Are the AI features covered?

Vendors often sign a BAA for the core product but leave some AI features out. Here is what Salesforce says about each one.

AI featureUnder the BAADetails
Agentforce Service Agent, Agentforce Assistant (formerly Einstein Copilot), Agentforce Voice, Prompt BuilderCoveredListed under Einstein Services as HIPAA Covered Services. Customers must enable and use Data Masking in the Einstein Trust Layer for Agentforce Services and Prompt Builder, and must not use them for diagnosis or as a substitute for medical advice.[1]
Agentforce Contact Center / Agentforce OperationsCoveredCovered, but may not be used for medical advice, diagnosis or inferring health status. Any third-party telephony must meet HIPAA requirements.[1]
Einstein GPT for Service / Sales / CommercePartly coveredCovered, but the customer is responsible for HIPAA compliance of any third-party LLM provider it uses with these services.[1]
Einstein BotsPartly coveredCovered, but PHI may not appear in utterance records, and Answer Automation or Input Recommender features that could use PHI must not be enabled.[1]
Other Einstein Services (Case Classification, Case Wrap Up, Reply/Article Recommendations, Conversation Mining, Prediction/Recommendation Builder)CoveredListed as Einstein Services under the BAA, subject to the general medical-use restrictions.[1]
Commerce Cloud Einstein; Marketing Cloud Einstein features in Marketing Cloud Next; Lightning DiscoverExcludedSalesforce states these are not covered by the BAA.[1]

Customer support AI that offer a BAA

  • AdaBAA on: Enterprise contracts (Ada is sales-led)Some plans only
  • Freshdesk / Freddy AIBAA on: Freshdesk, Freshchat (standalone), Freshcaller, Freshdesk OmnichannelSome plans only
  • Intercom FinBAA on: Fin workspaces (Fin AI Agent standalone), Intercom ExpertSome plans only
  • Jotform AI AgentsBAA on: Enterprise, GoldSome plans only
  • Kustomer AIBAA on: Enterprise or Ultimate with HIPAA add-on packageSome plans only
  • LivePerson Conversational CloudBAA on: Conversational Cloud (enterprise contracts)Some plans only

All BAA-ready alternatives to Salesforce Agentforce / Einstein

Sources

  1. Business Associate Addendum RestrictionsSalesforce, Legal terms. Checked Oct 11, 2026.

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.