Is Mailchimp HIPAA compliant?

Featured image

Share this article

Baby monkey peeking through tress

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. And you will learn solutions for HIPAA compliant email marketing.

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 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.

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

About the author

Hoala Greevy

Founder of Paubox. Kayak fishing when I can. Native Hawaiian CEO.

Read more by Hoala Greevy

Get started with
end-to-end protection

Bolster your organization’s security with healthcare’s most trusted HIPAA compliant email solution

The #1-rated email encryption 
and security software on G2

G2 Badge: Email Encryption Leader Fall 2022
G2 Badge: Security Best Usability Fall 2022
G2 Badge: Encryption Momentum Leader Fall 2022
G2 Badge: Security Best Relationship Fall 2022
G2 Badge: Security Users Most Likely to Recommend Fall 2022
G2 Badge: Email Gateway Best Relationship Fall 2022
G2 Badge: Email Gateway Best Meets Requirements Fall 2022
G2 Badge - Users Most Likely to Recommend Summer 2022
G2 Badge: Email Gateway Best Results Fall 2022
G2 Badge: Email Gateway Best Usability Fall 2022
G2 Badge: Email Gateway Best Support Fall 2022
G2 Badge: Email Gateway Easiest To Use Fall 2022
G2 Badge: Email Gateway Easiest Setup Fall 2022
G2 Badge: Email Gateway Easiest Admin Fall 2022
G2 Badge: Email Gateway Easiest to do Business with Fall 2022
G2 Badge: Email Gateway Highest User Adoption 2022
G2 Badge: Email Gateway High Performer Fall 2022
G2 Badge: Email Gateway Momentum Leader Fall 2022
G2 Badge: Email Gateway Most Implementable Fall 2022
G2 Badge: Email Gateway Users Most Likely to Recommend Fall 2022