HIPAA Data Processing and BAA Requirement

What it is

Processing of HIPAA Data in the Snowflake Service is prohibited unless a separate Business Associate Agreement has been executed. Without a BAA, Snowflake expressly disclaims all liability for HIPAA Data regardless of the circumstances or applicable law.

Why it matters (compliance & governance perspective)

This provision conditions all HIPAA Data processing on the prior execution of a BAA, and states that Snowflake bears no liability for HIPAA Data absent such agreement. The disclaimer of liability is asserted to apply notwithstanding HIPAA itself or similar laws, though the enforceability of a complete statutory liability disclaimer in the context of HIPAA may be subject to regulatory and legal evaluation.

Consumer impact (what this means for users)

Under this clause, healthcare organizations or any Customer processing protected health information must execute a separate BAA with Snowflake before using the Service for that purpose. Absent a BAA, the agreement states that Snowflake bears no liability for HIPAA Data, and any HIPAA-regulated processing conducted without a BAA is a Customer responsibility and a breach of the agreement's use obligations.

Institutional analysis (regulatory & governance intelligence)

(1) REGULATORY LANDSCAPE: This provision directly implicates HIPAA and its implementing regulations, enforced by the HHS Office for Civil Rights. Under HIPAA, covered entities are required to enter into a BAA with business associates before disclosing protected health information. The agreement's assertion that Snowflake bears no HIPAA liability absent a BAA may be consistent with the regulatory framework but does not relieve Customer of its own HIPAA obligations as a covered entity or business associate. (2) GOVERNANCE EXPOSURE: High for healthcare-sector Customers. Processing HIPAA Data without an executed BAA constitutes a breach of both the agreement's use obligations and HIPAA's regulatory requirements. HHS OCR has assessed civil monetary penalties and resolution agreements in cases of unauthorized PHI disclosure to cloud service providers without BAAs. (3) JURISDICTION FLAGS: HIPAA applies to covered entities and their business associates regardless of U.S. state, though some states have enacted additional health data privacy laws that may impose obligations beyond HIPAA. California's Confidentiality of Medical Information Act and other state health privacy statutes may create additional compliance requirements. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams in healthcare or any industry handling PHI must confirm BAA execution prior to onboarding any HIPAA Data to Snowflake. The BAA, once executed, is incorporated by reference into the agreement and is subject to its terms. The agreement specifies that HIPAA Data may only be provided as Customer Data within the Service. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should maintain documentation of BAA execution dates relative to any HIPAA Data processing activity in Snowflake. Where a BAA is in place, the scope of permitted HIPAA Data access under Technical Services SOWs should be reviewed, as Section 10.4 restricts Snowflake access to Customer Data including sensitive personal data absent specific SOW authorization.

Applicable agencies

Provision details

Other risks in this policy

• 30-day data retrieval right after termination high
• All fees accelerate on Snowflake termination for cause high
• Binding arbitration clause for U.S. customers high
• Class action and jury trial waiver for U.S. customers high
• Customer indemnifies Snowflake for customer data and materials claims high
• Customer responsible for all user compliance high