BAA with Microsoft Azure Open AI

Cristian Lorenzo 0

Hello,

Your Microsoft Product and Services Data Protection Addendum Linked here:

https://www.microsoft.com/licensing/docs/documents/download/MicrosoftProductandServicesDPA(WW)(English)(Jan022024)(CR).docx

Says that I can find the BAA in this link:

http://aka.ms/BAA

But it seems that BAA link is locked and I am unable to access the BAA document to get a signed copy of it.

Your BAA is also linked here but I do not have access to the BAA link as it also appears to be locked out:

https://video2.skills-academy.com/en-us/compliance/regulatory/offering-hipaa-hitech?view=o365-worldwide#use-microsoft-compliance-score-to-assess-your-risk

What can I do to get a signed BAA from Azure Open AI?

A user had an issue in 2018 where MS is unable to provide a BAA with signatures where both parties sign for this:

https://answers.microsoft.com/en-us/msoffice/forum/all/hipaa-baa-issue/aef4a9c5-73c3-4b86-9629-71abc2dcb825

I need to know where can I get a SIGNED version of this document that is not simply provided for reference purposes and clearly identifies Microsoft and me as parties to a BAA.

navba-MSFT 19,480 Reputation points Microsoft Employee

2024-06-26T05:40:03.77+00:00
@Cristian Lorenzo Welcome to Microsoft Q&A Forum, Thank you for posting your query here!

Please follow the below steps:

Firstly you need to open this link.

Then sign-in as shown below:

Then you can click on the Download button as shown below:

This should download the Microsoft General - HIPAA BAA.

If you are having challenges in downloading Microsoft General - HIPAA BAA (October 2021).pdf document, I am attaching the documentation here for your reference.

.

Hope this helps. If you have any follow-up questions, please let me know. I would be happy to help.
navba-MSFT 19,480 Reputation points Microsoft Employee

2024-06-28T04:28:42.83+00:00

@Cristian Lorenzo Just following up to check if my suggestion helped. Please let me know if you have any further queries. I would be happy to help.
Cristian Lorenzo 0 Reputation points

2024-06-28T04:53:00.28+00:00

Thanks for the response, your link to the document detail page takes me to a "Login" that doesn't let me download the BAA regardless of what MS account I use.

I do appreciate you linking the document at the bottom of your response! I was able to download it from your reply.

This begs the question, is this BAA locked from being downloaded without asking MS support to send it to you directly?

Thanks again!
navba-MSFT 19,480 Reputation points Microsoft Employee

2024-06-28T04:56:33.83+00:00

@Cristian Lorenzo Thanks for your reply. Firstly, it is not blocked and it should be accessible to all our external customers. I am thinking may be due to some security restrictions at your end, you might be facing issues while downloading. Hope that clarifies.
Cristian Lorenzo 0 Reputation points

2024-06-28T05:15:29.5966667+00:00

I would suggest you try to download the document without a Microsoft employee login. You may see the issue I faces when I tried to download the BAA
navba-MSFT 19,480 Reputation points Microsoft Employee

2024-06-28T06:30:17.5466667+00:00

@Cristian Lorenzo Thanks for getting back. Post using my azure account/service, and accepting the legal popup. I then downloaded no problem.

.

I understand your concern here. I am sharing the below details if that helps:

How can my organization sign a BAA for Microsoft Azure?

There is no separate contract to sign to enter into a HIPAA Business Associate Agreement (BAA) with Microsoft because the HIPAA BAA is available via the Microsoft Product Terms (formerly Online Services Terms) by default to all customers who are covered entities or business associates under HIPAA. The Microsoft Product Terms references the Microsoft Products and Services Data Protection Addendum (DPA), which states that "execution of customer's volume licensing agreement includes execution of the HIPAA Business Associate Agreement". As explained in the Microsoft Azure Legal Information Service Agreement & Terms, the licensing agreements under which customers purchase Azure incorporate the Microsoft Product Terms and the Microsoft Products and Services Data Protection Addendum (DPA).

Does having a BAA with Microsoft ensure my organization's compliance with HIPAA?

No. By offering a BAA, Microsoft helps support your HIPAA compliance, but using Azure or other Microsoft cloud services doesn't automatically impart compliance onto your cloud solutions. Your organization is responsible for ensuring that you have an adequate compliance program and internal processes in place, and that your particular use of Azure aligns with HIPAA and the HITECH Act. Microsoft doesn't inspect, approve, or monitor your applications deployed on Azure. You're wholly responsible for ensuring your own compliance with all applicable laws and regulations.

Can Microsoft use my organization's BAA?

No. Microsoft can't use a customer's BAA. Because we offer hyper-scale, multi-tenant could services that are standardized for all customers, we must operate our services in a consistent manner. The Microsoft HIPAA BAA reflects closely how we operate our cloud services. To address the needs of the healthcare industry, Microsoft collaborated with a consortium of academic medical centers and other public and private sector entities within healthcare to create a BAA that aligns with our hyper-scale cloud services and meets customer needs.

More info here. Hope this answers.
navba-MSFT 19,480 Reputation points Microsoft Employee

2024-06-29T04:11:32.3+00:00

@Cristian Lorenzo Just following up to check if you had a chance to look at my above comment. Please let me know if you have any further queries. I would be happy to help.

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BAA with Microsoft Azure Open AI