Egnyte Hipaa Business Associate Agreement

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HIPAA Business Associate Agreement
HIPAA BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement (“BAA”) is effective
(“Effective Date”) by and
between ____________
(“Covered Entity”) and Egnyte, Inc. (“Egnyte” or “Business
Associate”).
RECITALS
A. Covered Entity is a covered entity under the Health Insurance Portability and Accountability
Act of 1996, as amended (“HIPAA”), including the HIPAA Rules (as defined below), and the
Health Information Technology for Economic and Clinical Health Act, Title XIII of the
American Recovery and Reinvestment Act of 2009 (the “HITECH Act”).
B. Covered Entity and Egnyte have entered into the Egnyte Services Agreement pursuant to
which Egnyte will provide certain services to Covered Entity (the “Services Agreement”)
and, pursuant to the Services Agreement, Egnyte may receive, maintain and have access to
Electronic Protected Health Information (as defined below) in fulfilling its responsibilities
under that Agreement.
C. As a service provider to Covered Entity as described above, Egnyte may be considered a
“Business Associate” of Covered Entity as defined in the HIPAA Rules. The HIPAA Rules
include the Standards for Privacy of Individually Identifiable Health Information (the
“Privacy Rule” at 45 CFR Part 160 and Part 164, Subparts A and E), the Standards for
Security of Electronic Protected Health Information (the “Security Rule” at 45 CFR Parts 160
and 164, Subpart C), Breach Notification for Unsecured Protected Health Information (the
“Breach Notification Rule” at 45 CFR Parts 160 and 164), and the Enforcement Rules at 45
CFR Part 160, Subparts C-E, as each of the foregoing may be amended or supplemented.
D. Egnyte and Covered Entity are both committed to complying with the HIPAA Rules, and
acknowledge that each has certain obligations to maintain the privacy and security of PHI.
THEREFORE, the parties, in consideration of the mutual agreements herein contained and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, agree to the following terms and conditions covering how each party’s
obligations to maintain the privacy and security of PHI will be satisfied.
1. DEFINITIONS.
Capitalized terms used, but not otherwise defined, in this BAA have the meanings ascribed to
them in HIPAA, including in the HIPAA Rules, and the HITECH Act, as in effect or as amended
from time to time.
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