Business Associate Agreement

About this Common Paper agreement

How was this agreement created?

The Common Paper Business Associate Agreement was created by a committee of dozens of attorneys representing technology vendors, procurement teams, boutique firms, and Big Law.

What is a Business Associate Agreement?

A BAA is a contract between a covered entity and an outside services provider (the business associate) that ensures that the business associate follows the Health Insurance Portability and Accountability Act’s (HIPAA) rules about safeguarding protected health information (PHI). In software, it is often the case that a vendor signs a BAA with a customer who is a covered entity in order to use or disclose PHI for the customer.

I see this agreement is hosted online. Does that mean it will change?

Version 1 of this agreement will remain unchanged and hosted at commonpaper.com/standards/business-associate-agreement/1.0. Over time, we will create new versions to accommodate changes to the law and additional use cases. We expect future changes to occur infrequently, and they will be posted as a new version. However, any new versions will not change agreements that incorporate prior versions.

How do I use this agreement?

To execute an agreement using the Common Paper Business Associate Agreement, first download a copy of the Cover Page in your preferred format. Then finalize the terms of the agreement with your counterparty and input those terms into the corresponding bracketed section of the Cover Page. Finally, sign your Cover Page with your counterparty via the signing process of your choice. The Cover Page incorporates the Standard Terms by reference, completing the executed agreement.

Do I have to incorporate the Standard Terms by reference?

You can also download the combined version of the agreement here and include the Standard Terms in the agreement itself.

Can I customize the Cover Page?

Yes, you can feel free to change the Cover Page any way you like. Many companies decide to add their company branding or logo and edit some of the text. The only thing you are required to keep is the license information and link to the Standard Terms.

Can I customize the Standard Terms?

All modifications to the Standard Terms should be made by addendum on the Cover Page. Incorporating the Standard Terms by reference from the Common Paper website gives both sides assurance that all key details and modifications are explicitly called out in the Cover Page.

What license is this agreement released under?

Common Paper agreements are free to use and modify under CC BY 4.0.