Is Marketo HIPAA-Compliant?

October 23rd, 2019

If you’re in the healthcare sector and considering marketing-automation software, you may be wondering, “Is Marketo HIPAA-compliant?”

Marketo features a holistic range of marketing tools that aim to bring results for its users. Its offerings include:

  • Email marketing
  • Lead management
  • Mobile marketing
  • Customer base marketing
  • Consumer marketing
  • Account-based marketing
  • Revenue attribution

Together, these tools can help to streamline and maximize a business’s marketing processes, bringing in more clients and boosting sales. While Marketo offers a great range of tools, it isn’t suitable in every scenario.

Is Marketo HIPAA Compliant?

The short answer is no. While there are many aspects that seem like they would make Marketo HIPAA-compliant, such as 2048-bit certificates, and third-party security assessments, one critical component is missing – Marketo makes no mention of business associate agreements (BAAs).

BAAs are at the core of HIPAA compliance. If ePHI is shared between companies without one of these agreements in place, it’s an immediate HIPAA violation. This is true, regardless of whether every other aspect of the relationship falls completely within the guidelines. 

BAAs are essential because they legally lay out how data will be shared and processed between the two entities, as well as where the responsibility falls.

No matter where we looked on the Marketo website, we couldn’t find any mention of BAAs. We checked through the privacy policy, legal section and even conducted a site-search, but nothing showed up.

Without any indications of the company’s willingness to sign a business associate agreement, we can only assume that the answer to our question of “Is Marketo HIPAA-compliant?” is a strong no.

The company makes things confusing because its Healthcare Marketing Solutions page features references to medical organizations like Boston Children’s Hospital and GE Healthcare.

Despite this seeming conflict, it’s most likely that Marketo does not offer HIPAA-compliant services. If the company did go to the effort of making its platform HIPAA-compliant, it would make sense for it to market these efforts, or at least have some mention of BAAs on its website

The safest assumption is that Marketo probably provides solutions that don’t involve ePHI to the healthcare companies mentioned above. This could include services that don’t need to be HIPAA compliant, marketing email for other purposes, and related offerings.

Marketo HIPAA-Compliant Alternatives

If you were looking for a HIPAA-compliant bulk email solution, or some other software that makes marketing easier, we’re sorry to be the bringers of bad news. At least you can take solace in the knowledge that you won’t get caught in a HIPAA violation for using non-compliant software.

So what are your alternatives? Is Mailchimp HIPAA-compliant?

Unfortunately, MailChimp’s popular platform will also get you in trouble with regulators if it touches your ePHI.

If you’re out of ideas for automating and streamlining your marketing processes, you don’t need to give up hope just yet. At LuxSci, we offer both HIPAA-compliant bulk email and HIPAA-compliant marketing email services.

HIPAA compliance and security are our main focuses at LuxSci, so all of our services are designed with the regulations in mind at every step of the way. By partnering with LuxSci and using our marketing services carefully, your organization can significantly reduce its risks of HIPAA violations.