“We are able to sign Business Associate Agreements (BAA) in support of customers' compliance with the Health Insurance Portability and Accountability Act (HIPAA).”
This analysis describes what OpenAI's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The availability of a BAA is a prerequisite for customers operating under HIPAA to lawfully use a service provider handling protected health information.
Interpretive note: The excerpt states OpenAI 'is able to' sign a BAA but does not specify conditions, eligibility criteria, or whether signing is guaranteed on request. The claim reflects the stated capability without inferring an unconditional obligation.
The updated terms state that workspace admins 'can control' data retention rather than directly controlling it. This conditional phrasing may suggest that retention control is optional or contingent rather than a guaranteed capability. Enterprise customers relying on admin-driven data retention policies should clarify with OpenAI whether this change affects their ability to set specific retention timelines for workspace data.
View change record →The updated terms shift governance of conversation access and retention from end users to workspace administrators. Under the revised policy, workspace admins can now view, access, export, and delete any end user conversations within their workspace and control how long workspace data is retained. Additionally, OpenAI now reserves the right to retain deleted or unsaved conversations beyond the standard 30-day deletion window if retention is reasonably necessary to protect its services or any third party from harm, beyond prior language that limited retention extensions to legal requirements. Within an enterprise account, end users no longer have unilateral control over conversation visibility or deletion of their own conversations.
View change record →If you are subject to HIPAA, you may request a Business Associate Agreement from OpenAI.
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"We are able to sign Business Associate Agreements (BAA) in support of customers' compliance with the Health Insurance Portability and Accountability Act (HIPAA).Excerpt from OpenAI's Enterprise Privacy
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The availability of a BAA is a prerequisite for customers operating under HIPAA to lawfully use a service provider handling protected health information.
If you are subject to HIPAA, you may request a Business Associate Agreement from OpenAI.
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