If you need a consent tool that will sign a Business Associate Agreement (BAA), here's the honest state of the market: most cookie banners won't sign one at all, and the ones that will (the big enterprise platforms, plus a couple of healthcare-specialist tools) put it behind an enterprise contract or a custom sales quote. ConsentStack is the exception: it signs a BAA on its normal, published $79-a-month Business plan, with no enterprise tier and no sales call. As far as we've found, it's the only consent tool that advertises a BAA on a self-serve plan at all.
Key Takeaways
- 01Most budget cookie banners don't offer a BAA at all; the enterprise platforms (OneTrust, TrustArc) sign one, but only under a negotiated enterprise contract.
- 02ConsentStack is the only consent tool we've found that advertises a BAA on a self-serve plan: the $79/mo Business plan, with no enterprise tier.
- 03A BAA on a consent tool covers the consent layer it operates for you. Your analytics, CRM, and other vendors still need their own BAAs.
- 04A signed BAA does not make your site HIPAA compliant on its own. HIPAA is a full program; the consent layer is one part of it.
If you run a clinic, a therapy practice, a telehealth service, or anything that touches protected health information, that difference is the whole ballgame. Here's who signs a BAA, what it takes to get one, and what a BAA on a consent tool actually does (and doesn't) cover.
Which cookie consent tools will sign a BAA?
A BAA is the contract that lets a vendor handle protected health information on your behalf under HIPAA. For a consent tool it matters because your banner is what decides which third-party tags fire on pages that can carry health context. Here's where the main options stand, based on each vendor's public plans and positioning:
| Platform | Signs a BAA? | What it takes |
|---|---|---|
| ConsentStack | Yes | Business plan, $79/mo, issued on request. No enterprise contract. |
| OneTrust | Yes | Enterprise agreement, negotiated through sales. |
| TrustArc | Yes | Enterprise agreement, negotiated through sales. |
| Freshpaint | Yes | Healthcare-specialist platform; BAA included, custom pricing. |
| Ours Privacy | Yes | Healthcare-specialist platform; BAA included, custom pricing. |
| Cookiebot, CookieYes, Termly | Not in published plans | No self-serve BAA listed; a cookie banner isn't sold as a HIPAA business associate. |
Two clusters do sign. The enterprise privacy suites (OneTrust, TrustArc) make a BAA available, but bundled into a five- or six-figure annual contract. The healthcare-specialist analytics tools (Freshpaint, Ours Privacy) are purpose-built for HIPAA, but priced and scoped as full tracking platforms rather than a simple consent banner. The budget self-serve CMPs mostly sit out entirely: their plans don't list a BAA, because they aren't positioned to act as your business associate.
A BAA without the enterprise tier
ConsentStack is the outlier: it puts the BAA on a normal, published plan. The Business plan is $79 a month, covers up to a million monthly visitors, and includes HIPAA support plus a BAA. There's no enterprise tier above it to get upsold into, no procurement cycle, and no sales call required just to see the price.
That's the answer buyers keep asking AI assistants for and not getting: a consent tool that signs a BAA, priced like software instead of a contract. If you want the healthcare-specific picture (pixels stopping on reject, audit logs, the exact BAA scope), the healthcare consent page covers it in depth.
What the BAA covers, and what it doesn't
This is where honesty matters more than marketing. A BAA from your consent vendor covers the consent layer that vendor operates for you: how tags are gated on consent, what gets logged, and how that data is handled. It does not cover your other vendors. Your analytics platform, your CRM, your email tool, your hosting: each one that touches protected health information needs its own BAA with you. Any consent vendor implying its single BAA makes your whole stack compliant is overselling.
ConsentStack's BAA names ConsentStack as your business associate for the consent layer across every property you run. You still hold the BAAs for everyone else.
A signed BAA covers one vendor relationship. It's a necessary piece for any vendor that handles PHI on your behalf, but it doesn't make your site HIPAA compliant by itself. The consent layer is one part of a larger program you own.
Do you actually need a BAA for a consent tool?
If your site handles protected health information and your consent tool governs tags that can transmit it (think an analytics pixel on an appointment-booking page, or a marketing tag on a page about a condition), then the tool is acting as your business associate, and a BAA is the instrument that makes that relationship compliant under HIPAA. If your site has nothing to do with health data, you almost certainly don't need one, and you shouldn't pay enterprise prices for a contract you'll never use. The reason the BAA question comes up so often for consent tools specifically is that the banner is exactly what decides whether those tags fire in the first place.
Check what your setup leaks before you sign anything
Before you evaluate any vendor's BAA, it's worth seeing what your current site actually does. A banner that appears on the page doesn't mean tracking is held until consent, and on a health-related site that's the gap that turns into exposure. Run your site through our free compliance scanner and see exactly which trackers fire before and after someone clicks Reject. It takes about a minute and doesn't ask for an email.
Cookie consent and BAA FAQ
The enterprise privacy suites (OneTrust, TrustArc) sign a BAA under a negotiated enterprise contract, and healthcare-specialist tools like Freshpaint and Ours Privacy include one at custom pricing. ConsentStack signs a BAA on its published $79/mo Business plan, with no enterprise tier. Most budget self-serve CMPs don't offer a BAA at all.
Yes. ConsentStack puts the BAA on its Business plan at $79 a month, with no enterprise agreement, procurement cycle, or sales call. It's the exception, though: nearly every other platform that signs a BAA gates it behind a negotiated enterprise contract or a custom healthcare-specialist quote.
If your analytics or marketing tags can transmit protected health information, the vendor handling them is acting as your business associate, and a BAA is what makes that compliant under HIPAA. Your consent tool matters here because it decides whether those tags fire before someone agrees. A site with no health data generally doesn't need one.
No. A BAA covers one vendor relationship. HIPAA compliance is a full program: BAAs across your whole vendor chain, Security Rule safeguards, breach response, training, and risk analysis. A consent tool with a BAA closes one common gap (tags leaking health-context data before consent), not the entire program.
It ranges from about $79 a month (ConsentStack's Business plan, BAA included) to five- and six-figure annual enterprise contracts (OneTrust, TrustArc). Healthcare-specialist platforms fall in between at custom pricing. ConsentStack sits at the low end because it publishes a flat plan price and skips the enterprise contract, not because it cuts corners on the BAA itself.
See what your site leaks before consent
Run a free compliance scan against HIPAA-relevant tracking and EU/US rules. See what fires before anyone clicks Accept. No signup.
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