We’ve been getting asked by customers and prospects about MailChimp and their ability to use it in a HIPAA compliant manner.
We know the HIPAA industry is vast so we can empathize with just how many people need to use cloud-based services in this sector.
In previous posts, we’ve covered the following cloud solutions and their capabilities for HIPAA compliance:
- Amazon CloudFront
- Apple iCloud
- Apple iMessage
- Citrix ShareFile
- Google Calendar
- Google Docs
- Google Drive
- Google Forms
- Google Hangouts
- Google Slides
- Google Voice
- Office 365
- Return Path
Today, we will determine if MailChimp offers HIPAA compliant email service or not.
SEE ALSO: HIPAA Breaches and Cloud Providers
MailChimp is a marketing automation platform and an email marketing service.
MailChimp began as a paid service and added a freemium option in 2009.
MailChimp and the Business Associate Agreement
We’ve previously talked about how a Business Associate Agreement (BAA) is a written contract between a Covered Entity and a Business Associate. It is required by law for HIPAA compliance.
20. Compliance with Laws
You represent and warrant that your use of MailChimp will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements.
Does MailChimp Offer HIPAA Compliant Email Service?
The Business Associate Agreement is a key component to HIPAA compliance between a Covered Entity and a Business Associate.
MailChimp clearly states they will not sign a BAA or be liable for supporting HIPAA compliance.
MailChimp is not a HIPAA Compliant email solution.