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Does ChatGPT have a HIPAA BAA? Not the tier you're probably on

Free, Go, Plus & Pro: No BAA · Trains on your data by default, opt-out is forward-only

Business: No BAA · Does not train on your data by default

Enterprise: Not HIPAA-eligible as standard · OpenAI's HIPAA-eligible list names Regulated Workspace, a separate configuration

None of these three tiers appear on OpenAI's HIPAA-eligible products list. The eligible products are named separately: ChatGPT for Healthcare, ChatGPT for Enterprise with Regulated Workspace, ChatGPT for Clinicians, ChatGPT FedRAMP, and two API configurations — not standard Enterprise.

Free, Go, Plus & ProBusinessEnterprise
HIPAA BAANono consumer tier appears on OpenAI's HIPAA-eligible products listNoChatGPT Business does not appear on OpenAI's HIPAA-eligible products listNot as standardOpenAI's HIPAA-eligible list names "ChatGPT for Enterprise with Regulated Workspace," not standard Enterprise. Several features are excluded from BAA coverage, including workspace agents with agent-owned connections, browser use for Work in the cloud, Sites, improved memory, and event-triggered scheduled tasks
Trains on your dataYesby default - "ChatGPT... improves by further training on the conversations people have with it, unless you opt out." Opt-out via the privacy portal applies to new conversations onlyNo"We do not train our models on your data by default"; only if explicitly opted inNonot by default
Survives deletionThe opt-out is forward-only - OpenAI's documentation does not state what happens to content already used in trainingAdmins control retention; deleted conversations are removed within 30 daysCustomer controls retention
Deployer / admin log accessNodeployer access - consumer accounts are individual, not workspace-managedYesadmin retention and workspace controlsYesadmin and workspace controls
Third-party attestationSOC 2 Type 2 is stated for the business products; not stated for consumer tiersYesSOC 2 Type 2YesSOC 2 Type 2
Commonly mistaken for — Free, Go, Plus & Pro

ChatGPT Business, which does not train by default. Note the lineup changed - Go and Pro are current consumer tiers, and no "Team" or "Teams" tier exists

Commonly mistaken for — Business

ChatGPT Enterprise, and the broader assumption that any paid business tier carries a BAA - neither Business nor standard Enterprise is HIPAA-eligible

Commonly mistaken for — Enterprise

The belief that ChatGPT Enterprise carries a BAA. It is the Regulated Workspace configuration that is HIPAA-eligible, not Enterprise as sold

Source: https://help.openai.com/en/articles/20001069-hipaa-eligible-products-and-functionalityDocument: OpenAI Help Center - HIPAA eligible products and functionalityVerified: September 3, 2026Verified by: Adil — Shadow AI Forensics

Vendor terms change without notice. This page reflects what ChatGPT published as of September 3, 2026. Re-verified quarterly.

This page states what the vendor published. It does not score them.

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