Add data privacy and consent information to your HubSpot form

To help visitors understand what they're opting into when submitting a form, you can add notice and consent information. This also allows you to capture a visitor's consent to the processing of their personal information as well as their consent to receive communication from your HubSpot account.

Before you get started

Please note the following:

• While HubSpot provides these features, your legal team is the best resource to give you compliance advice for your specific situation.
• By default, there will be an option in your forms and pop-up forms called Data privacy options. This will display even if data privacy settings are not turned on in your HubSpot account.
• If you turn on data privacy settings, all data privacy checkboxes on new forms will become mandatory.
• When a contact fills out a form with notice and consent information:
  • The Legal basis for processing contact's data property will be set to Freely given consent from contact.
  • The Legal basis to communicate will appear in the subscriptions section of the contact record. 
• If you'd like to edit the default notice and consent text for both forms and pop-up forms, you can do so in the Privacy and consent settings. The default text set for your notice and consent options will apply to all subscription types. If you change the default text:
  • The new default text will be added to any new form or pop-up form you create. 
  • Existing forms will not be automatically updated with this new default text. To update an existing form, delete the current Data privacy options field from the form and re-add it to include the updated wording.

Add your notice and consent options 

You can add and configure notice and consent options in individual forms and pop-up forms. 

Add notice and consent to a form

To add the notice and consent option to your form:

• In your HubSpot account, navigate to Marketing > Forms.
• Hover over the form name and click Edit, or create a new form
  • In the top left, click the + add icon.
  • In the left panel, click Other. 
  • Click and drag the Data Privacy field type onto the form preview on the right to include it on your form.
  • In the left panel, under Data privacy options, configure your consent and subscription settings, and choose whether to include a privacy policy statement. 
  • In the top right, click Review and update to publish your form updates.If you're using the updated form editor..

Additional notice and consent options 

You can add additional subscription type checkboxes to allow visitors to consent to communication from multiple subscription types on a single form:

To add additional notice and consent options in the updated form editor: 

• In your HubSpot account, navigate to Marketing > Forms.
• Create a new form or hover over an existing form and click Edit. 
• Click the Which communication should your contact be subscribed to? dropdown menu. You can select or clear the subscription types for each communication you want to offer on this form. When a contact selects a communication, they will be subscribed to it.
  

• In the top right, click Review and update. 

Notice and consent options 

When building your form, you can select from the following notice and consent options below: 

• Implicit processing consent and individual checkboxes for communications

• Separate consents (Individual checkboxes per consent) 

• Legitimate interest

Implicit processing consent and individual checkboxes for communications

• With this option, you can collect consent to communicate through an affirmative opt-in using a checkbox that specifies the communication/subscription type.
• You can add more than one checkbox to allow visitors to consent to communication for more than one subscription type.
• With this option, consent to process personal data is collected implicitly when the contact clicks the submit button.
• If a contact submitting the form doesn’t select the consent to communicate checkbox, the form submission will still be processed. However, the contact won't be subscribed to any communications.
• It is not possible to pre-select the consent to communicate checkbox, however, if you turn on data privacy settings, all data privacy checkboxes on new forms will become mandatory.
• If the contact previously subscribed in the past and subsequently doesn’t select the consent to communicate checkbox, this is not equivalent to the contact withdrawing their consent. 

Separate consents (Individual checkboxes per consent) 

• With this option, you can collect consent to communicate through an affirmative opt-in using a checkbox that specifies the communication/subscription type.
• You can add more than one checkbox to allow visitors to consent to communication for more than one subscription type.
• With this option, consent to process personal data is collected explicitly.:
  
  • The contact needs to select the consent to process data checkbox in order to give their consent. You cannot process a visitor's data and accept the form submission if they have not given explicit consent for you to do so.
  • Without selecting this checkbox, visitors will not be able to submit your form. If you still want to offer the visitor access to your content without processing their data, you can do so by adding the consent to process footer with a hyperlink to your content.
• If a contact submitting the form doesn’t select the consent to communicate checkbox, the form submission is still processed, and the contact won't be subscribed to any communications.
• It is not possible to pre-select the consent to communicate checkbox, however, if you turn on data privacy settings, all data privacy checkboxes on new forms will become mandatory.
• If the contact has already subscribed in the past and subsequently doesn’t select the consent to communicate checkbox, this is not equivalent to the contact withdrawing their consent
  
  

Legitimate interest

• If your legal basis of processing is legitimate interest instead of consent, this option to your form will display a notice letting visitors know that you need their information to contact them about your products and services and that they may unsubscribe from these communications at any time.
• With this option, the contact is not required to give their consent to you, and will just see a notice.