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HIPAA and Business Associate Agreement

mmogollon

We are so glad to know that some of the Atlassian products are now HIPAA compliant for Standard users. Knowing this, we started a BAA request with Atlassian so we can implemment Jira as our ITSM. Issue wih the BAA is that is not properly signed by Atlassian. Some goverment agencies are rejecting the way Atlassian signed the document. Even though it is a formal DocuSign electronic signature request, the Certification of completion is reporting only one Signee, Ours...not Atlassian. The document is signed, /s/ and the Atlassian representative, but this is not something legally accepted, it seems.

Have any of you experinced this? is there a way to directly contact Atlassian for legal/compliance questions?

Thanks

Comments

mmogollon

@Michelle Tan

@Filiberto Selvas (OOO Jan 16 - Feb 9)

is this something you can provide help with?

Fili

Will bring this to the attention of our Legal Commercial team. FYI hundreds of customers have signed the BAA already, but will seek clarification

mmogollon

And i believe you. But the DocuSign attestation page says that only 1 person has signed the document. I am happy to share the document via email if needed.

Fili

@mmogollon , Circling back:

After consulting with the Atlassian legal team, they confirmed that the /s/ signature is legally binding, and that the DocusSign certificate of completion is only reporting one signee because only one party signed through DocuSign, and the other party, Atlassian, signed outside of DocuSign.

I hope this helps & suffices

mmogollon

Thanks @Filiberto Selvas (OOO Jan 16 - Feb 9)

We will have a meeting with the NYSDOH to discuss our options. Worse case scenario, will it be possible to get a "wet" signature on the BAA received by us from Atlassian?

Thanks

Fili

Hi @mmogollon ,

Due to the number of customers and challenges to scale our legal department only gets directly involved in large deals, not sure about the number of licenses. If you can share details please send those to fselvas at Atlassian dot Com

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