by Hoala Greevy Founder CEO of Paubox
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Is Mailchimp HIPAA Compliant?

by Hoala Greevy Founder CEO of Paubox

Is Mailchimp HIPAA Compliant? - paubox

We’ve been getting asked by customers and prospects about Mailchimp and whether they can 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.

Today we will determine if Mailchimp offers HIPAA compliant email for marketing or not.

SEE ALSO: HIPAA Breaches and Cloud Providers

About Mailchimp

Mailchimp is a marketing automation platform and an email marketing service. It 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.

We checked Mailchimp’s site and found what we were looking for on its Terms of Use page. It states:


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.


Is Mailchimp HIPAA compliant?

The business associate agreement is a key component to HIPAA compliance between a covered entity and a business associate.

Mailchimp clearly states that it will not sign a BAA or be liable for supporting HIPAA compliance.

Conclusion

Mailchimp is not a HIPAA compliant email solution.

HIPAA email marketing tools comparison

To meet the unmet need for HIPAA compliant email marketing, we created Paubox Marketing. It is the only solution that will:

  • Sign a BAA
  • Provide military-grade encryption
  • Allow you to include PHI in your marketing emails
  • Allow patients to read your emails directly from their inbox with no extra steps

In addition, Paubox Marketing is powered by the Paubox Email API, which is HITRUST CSF certified.

Compared to the standard marketing tools, Paubox Marketing is the best option for maintaining HIPAA compliance while harnessing the power of personalized email marketing.

SEE ALSO: Why Paubox Marketing is the Best HIPAA Email Marketing Solution Available

Company Will they sign a BAA? Can you send PHI?
Adobe Campaign NO NO
Blue Orchid Marketing NO NO
Campaign Monitor NO NO
Campaigner NO NO
Drip NO NO
Emma NO NO
GetResponse NO NO
Hubspot NO NO
L-Soft NO NO
Mad Mimi (GoDaddy) NO NO
Mailchimp NO NO
MailerLite NO NO
Marketo (Adobe) NO NO
Salesforce Pardot NO NO
SendGrid (Twilio) NO NO
Yesware NO NO
ActiveCampaign YES NO
Constant Contact YES NO
Infusionsoft by Keap YES NO
Salesforce Marketing Cloud YES NO
Eloqua (Oracle) YES YES **
Paubox Marketing YES YES

(** To use Oracle Eloqua in a HIPAA compliant manner, recipients receive two emails for every message you send. Patients must also log into a secure message center to view your message—it does not appear in their inboxes. This creates friction and makes it less likely that your patients will read your marketing email.)

Try Paubox Marketing for free and make your email marketing HIPAA compliant today.

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