HIPAA & BAA · Email marketing
Is Constant Contact HIPAA compliant?
Conditionally. Constant Contact will sign its own standard BAA on request, but it permits only minimal contact-level data — its terms prohibit sensitive PHI, it does not encrypt message content, and it was not built for EMR. Treat it as suitable for general, non-PHI marketing.
Key facts
- BAA available: Conditionally — on specific plans
- What it takes: Sign Constant Contact's own standard (non-negotiable) BAA by emailing legal@constantcontact.com; permits only minimal contact-level data, not sensitive PHI
- Official source: Constant Contact Knowledge Base — Business Associate Agreements — https://knowledgebase.constantcontact.com/email-digital-marketing/articles/KnowledgeBase/6240-business-association-agreements (verified 2026-06)
How to use Constant Contact in a HIPAA-compliant way
- Email legal@constantcontact.com to request the BAA before using the service for any PHI-adjacent purpose.
- Accept Constant Contact's standard BAA as-is (they will not modify it or sign a customer BAA).
- Do not import sensitive health data; keep usage to basic subscriber/contact data only.
- For messaging tied to diagnosis, treatment, or sensitive conditions, use a purpose-built HIPAA email platform (e.g., Paubox, LuxSci).
Important caveats
- Its terms prohibit sensitive PHI of any kind (e.g., mental health, substance abuse, HIV information).
- Constant Contact does not encrypt email message content, so PHI should not be in the message body even with a BAA.
- It was not built for electronic medical records (EMR); a signed BAA does not override the platform's own PHI prohibitions.
The bottom line
No software is "HIPAA compliant" on its own. HIPAA compliance is a property of your organization, not a tool. Even with a signed BAA, you remain responsible for configuring Constant Contact correctly, limiting access to PHI, training staff, and maintaining your own safeguards. This page is general information, not legal advice; confirm current terms with Constant Contact.
Frequently asked questions
Does Constant Contact sign a BAA?
On specific plans. Sign Constant Contact's own standard (non-negotiable) BAA by emailing legal@constantcontact.com; permits only minimal contact-level data, not sensitive PHI A signed BAA is required before any PHI is involved.
Is Constant Contact HIPAA compliant out of the box?
No software is "HIPAA compliant" by itself. Even when Constant Contact offers a BAA, you are responsible for signing it, configuring the product correctly, restricting access, and maintaining your own administrative, physical, and technical safeguards.
What should I check before using Constant Contact with PHI?
Its terms prohibit sensitive PHI of any kind (e.g., mental health, substance abuse, HIV information).
