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Obtaining consent for email marketing

Tshedimoso Makhene January 22, 2025

HIPAA compliant email marketing

Obtaining consent for email marketing is essential to comply with privacy laws, build trust, and foster a positive relationship with your audience.

Understand consent requirements

“With limited exceptions, the [Privacy] Rule requires an individual’s written authorization before a use or disclosure of his or her protected health information can be made for marketing,” writes the HHS. Therefore, covered entities should ensure that email marketing aligns with HIPAA regulations, by obtaining consent to safeguard protected health information (PHI). Covered entities must also use HIPAA compliant email platforms, like Paubox.

Consent checklist

Use a double opt-in process

Collect consent through a two-step process:

Individuals sign up via a form.
A confirmation email is sent, requiring them to verify their consent by clicking a link.

This method ensures that recipients actively agree to receive marketing communications.

Clearly communicate purpose

Provide detailed information about:

What types of emails will be sent (e.g., newsletters, health tips, product updates).
How frequently emails will be sent.
The recipient’s rights, including opting out.

Offer transparent opt-out options

Include an easy-to-access "unsubscribe" link in every email.
Ensure that unsubscribing is hassle-free and immediate.

Maintain accurate records

Keep records of when and how consent was obtained.
Track preferences to honor changes in consent (e.g., opting out or modifying communication preferences).

Personalize and add value

Use consent to tailor content to the recipient’s interests and needs.
Focus on delivering meaningful, helpful, and relevant information rather than purely promotional content.

Periodically reconfirm consent

Revalidate consent for long-term subscribers to ensure compliance with changing laws and preferences.
Use this opportunity to refine your email list and engage with active recipients.

Best practice

Here are best practices for obtaining and managing consent for email marketing in healthcare:

Use transparent consent forms: Clearly explain what recipients are signing up for, avoid pre-checked boxes, and link to a privacy policy.
Minimal data collection: Only ask for essential information, like name and email.
Team training: Educate staff on privacy laws and best practices.

FAQs

What’s the difference between single and double opt-in?

Single opt-in: Users subscribe via a form without additional confirmation.
Double opt-in: Users confirm their subscription through a follow-up email, ensuring genuine interest and reducing spam risks.

How do I ensure my email platform is compliant?

Choose platforms designed for healthcare marketing, offering features like data encryption, audit trails, and HIPAA compliant business associate agreements (BAAs).