Windsurf states its platform is HIPAA compliant and will provide a Business Associate Agreement for larger healthcare implementations, but notes that most code submitted to the platform is not considered protected health information.
This analysis describes what Windsurf'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
Healthcare organizations using Windsurf should be aware that a BAA is described as available for 'significant implementations' rather than as a standard offering, meaning smaller healthcare customers may need to specifically request and negotiate one.
Interpretive note: The document does not define what constitutes a 'significant implementation' that would qualify for a BAA, leaving smaller healthcare customers uncertain about their eligibility or whether they must proactively request one.
The updated terms establish a default policy permitting Windsurf to use customer data for model training purposes to improve services. Previously, the company required explicit opt-in before any training use. Under the revised policy, data training occurs automatically for free and paid users unless they affirmatively opt out through the Data Controls settings page. Once disabled, the terms state your data will not be used for training and Zero Data Retention will be enabled with model providers. Enterprise customers operate under a different standard, requiring express prior written consent before any training use occurs.
View change record →The updated document establishes explicit commitments about how Windsurf protects data and manages security. The terms state that all data transmission is encrypted in transit and at rest, that access to production systems is restricted to a small number of employees or contractors based on business roles, and that production systems are monitored via logging, error handling, and monitoring dashboards. The document discloses that Windsurf obtained SOC 2 Type II certification as of March 2024 and that all employees and contractors are required to use multi-factor authentication and receive annual security training. These disclosures describe organizational practices rather than establishing new user-facing rights or obligations.
View change record →This provision states that Windsurf maintains HIPAA compliance and will provide a BAA for significant healthcare implementations. Healthcare organizations should assess whether their use of Windsurf constitutes a significant implementation requiring a BAA and should proactively request one rather than assuming it is automatically in place.
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"HIPAA compliance: In most cases, the data that a customer provides to us is not Personal Health Information (PHI) and does not need special compliance considerations in order to use our platform, even if you are a healthcare organization. This is particularly true for code, which does not carry any PHI itself. That said, our platform is maintained as HIPAA compliant and for significant implementations, we will entertain a Business Associate Agreement (BAA) to confirm HIPAA compliance.Excerpt from Windsurf's Security & Data Handling
(1) REGULATORY LANDSCAPE: This provision directly implicates HIPAA and its implementing regulations, including the Privacy Rule and Security Rule.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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Healthcare organizations using Windsurf should be aware that a BAA is described as available for 'significant implementations' rather than as a standard offering, meaning smaller healthcare customers may need to specifically request and negotiate one.
This provision states that Windsurf maintains HIPAA compliance and will provide a BAA for significant healthcare implementations. Healthcare organizations should assess whether their use of Windsurf constitutes a significant implementation requiring a BAA and should proactively request one rather than assuming it is automatically in place.
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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