Privacy and security: HIPAA, state laws and SOC 2
The US has no single federal privacy law covering every product. What applies depends on your sector, your users and where they live. Three questions come up most often when US companies outsource development.
Will the team touch protected health information?
If you are a HIPAA covered entity or business associate, HHS explains that the Privacy Rule requires written satisfactory assurances, in a contract or other written agreement, from a business associate that handles protected health information (PHI) on your behalf (HHS, business associates). HHS’s sample provisions also require a business associate to flow the same restrictions down to any subcontractor that handles PHI (HHS, business associate contracts).
The simplest control is design: build and test on synthetic data, keep PHI in hosting your organisation controls, and give the development team no access to production PHI unless there is a specific, agreed reason. If access is genuinely needed, the business associate agreement and the access arrangements are things to agree in writing before the build starts. We do not claim HIPAA compliance on this page.
Does a state privacy law apply?
California’s Consumer Privacy Act (CCPA), as amended by Proposition 24 in November 2020, is implemented and enforced by the California Privacy Protection Agency (CPPA, laws and regulations). The agency says the CCPA applies to for-profit businesses that do business in California and meet at least one threshold, such as gross annual revenue of $26,625,000 or more in the preceding calendar year (as adjusted from 1 January 2025), buying, selling or sharing the personal information of 100,000 or more California residents or households, or deriving 50% or more of annual revenue from selling or sharing it. It also places obligations on service providers and contractors that process personal information for a business (CPPA FAQs, both accessed 17 October 2026). Other states have their own privacy laws, so check which apply to your users with your counsel, and put the required service provider terms into the development contract.
Will your customers ask for SOC 2?
SOC 2 is an attestation report from a CPA firm on a service organisation’s controls relevant to security, availability, processing integrity, confidentiality or privacy. The AICPA describes SOC reports as assurance reports that help users assess the risks of outsourcing (AICPA & CIMA, accessed 17 October 2026). Enterprise customers of US SaaS companies often ask their vendors for one, and that affects you in two ways: whether your own product will need a SOC 2 report later, which shapes logging, access control and change management from the start; and whether your procurement requires one from your development supplier. We do not claim SOC 2 attestation on this page; if it is a hard requirement for your suppliers, ask us before scoping. Our security practices are described on our trust page.