Table of Contents:
- What is a Business Associate?
- Business Associate Agreement provisions
- TowerData and the Business Associate Agreement
- Does TowerData offer HIPAA Compliant Email Service?
We’ve been seeing more vendors, customers, and prospects asking about HIPAA compliant email marketing services.
Since Paubox is a Business Associate to thousands of customers, we’ve been wondering if our customers are able to use TowerData 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 services in this sector.
Today, we will determine if TowerData offers HIPAA compliant service or not.
TowerData positions itself as making it easy for marketers to access the data they need to better engage the customer behind the email address. Their suite of email services allows customers to enrich, clean and expand email lists via a real-time API or automated file processing.
What is a Business Associate?
A Business Associate is a person or company that performs certain functions or activities that involve the use or disclosure of protected health information for a Covered Entity.
If TowerData is storing or transmitting protected health information (PHI) on behalf of a Covered Entity, they are definitely considered a Business Associate.
Read full article: What does it mean to be a Business Associate?
Business Associate Agreement provisions
If a Business Associate provides services to a Covered Entity, then a Business Associate Agreement must be in place.
A Business Associate Agreement is a written contract between a Covered Entity and a Business Associate and is required by law for HIPAA compliance.
At a minimum, a Business Associate Agreement contains 10 provisions.
Read full article: Business Associate Agreement Provisions
TowerData and the Business Associate Agreement
We checked the TowerData site for mention of their ability to sign a Business Associate Agreement.
Does TowerData offer HIPAA Compliant Service?
The Business Associate Agreement (BAA) is a key component to HIPAA compliance between a Covered Entity and a Business Associate.
We were able to learn the following about TowerData and its stance on HIPAA compliance:
- We could not find any mention of HIPAA or Business Associate Agreement on their Terms of Service page.
Conclusion: TowerData makes no mention of their ability to sign a Business Associate Agreement. We therefore conclude they should not be used as a HIPAA compliant email service.