All engagements conducted under NDA·Evidence preserved to technical chain-of-custody standards·Engagements limited to qualified organizations

Free scanThe studyForensic TriageForensic AuditAI VendorsResearch
Free scan · no install

Does Claude have a HIPAA BAA? What Anthropic publishes for consumer vs commercial tiers

Free, Pro & Max: No BAA · Trains on your data by default unless you opt out · Outside SOC 2 and ISO scope

Team, Enterprise & API: BAA available but must be activated · Does not train by default · Six API features excluded from BAA coverage

Claude Free, Pro & MaxClaude Team, Enterprise & API
HIPAA BAANoBAA is offered only for commercial products; Anthropic explicitly excludes Claude Free, Pro and MaxYesbut must be activated - Enterprise requires the Primary Owner to enable HIPAA compliance in a HIPAA-ready organization; API requires a signed BAA plus Anthropic enabling it. Batch API, Files API, Skills API, Code Execution, Computer Use and Web Fetch are excluded from BAA coverage
Trains on your dataYesby default - inputs and outputs are used for training unless the user opts out in account settings; safety-flagged and user-reported content is used regardless of opt-outNoby default - "Anthropic may not train models on Customer Content from Services"; training only if the customer opts in via feedback or explicit sharing
Survives deletionYesdeleted chats clear history immediately and back-end within 30 days, but training opt-in retains de-identified chats up to 5 years; policy-violation content up to 2 years and safety scores up to 7 yearsDeleted conversations clear history immediately and back-end within 30 days; API inputs and outputs auto-delete within 30 days. Policy-violation content up to 2 years, safety scores up to 7 years. Enterprise custom retention controls are documented separately and not verified in this pass
Deployer / admin log accessNodocumented deployer access - consumer accounts are individual, not organization-managed; no admin log, audit or eDiscovery path is published for these tiersNot publicly stated in the retention documentationno admin export, audit log or compliance API is specified there
Third-party attestationOut of scope - SOC 2 Type I & II, ISO 27001:2022 and ISO/IEC 42001:2023 are scoped to commercial products, explicitly distinguished from Free, Pro and MaxYesSOC 2 Type I & II, ISO 27001:2022 and ISO/IEC 42001:2023, scoped to commercial products (Claude for Work and the Anthropic API); reports via the Trust Portal
Commonly mistaken for — Claude Free, Pro & Max

Claude Team and Enterprise, which do not train by default and can carry a BAA; paying does not change tier class - Max at $100/month is still consumer and has less compliance coverage than a $20 Team seat

Commonly mistaken for — Claude Team, Enterprise & API

Claude Pro and Max, which are consumer tiers that train by default and carry no BAA; also the assumption that an executed BAA covers all API features, when six are excluded

Source: https://privacy.claude.com/en/articles/10015870-what-certifications-has-anthropic-obtainedDocument: Anthropic Privacy Center - certifications and attestation scopeVerified: September 1, 2026Verified by: Adil — Shadow AI Forensics
Source: https://privacy.claude.com/en/articles/8114513-business-associate-agreements-baa-for-commercial-customersDocument: Anthropic Privacy Center - Business Associate Agreements (BAA) for Commercial CustomersVerified: September 1, 2026Verified by: Adil — Shadow AI Forensics

Vendor terms change without notice. This page reflects what Claude published as of September 1, 2026. Re-verified quarterly.

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

If you need a scored Go / Conditional Go / No-Go verdict for a vendor decision — including a vendor not listed here — that's an AI Vendor Risk Assessment: three binary industry gates, nine scored criteria, four provenance fields on every finding. $997, delivered in 48 hours.

See how AVRA works →

Want all 13 tools in one file?

AI Vendor Compliance Quick-Reference

Covers 22 tiers across 13 tools — same sourcing, side by side, printable for a vendor file.