Add notice and consent information to your HubSpot form or pop-up 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.

By default, you'll see an option in your forms and pop-up forms called Notice and consent / legitimate interest (GDPR) or GDPR Options even if General Data Protection Regulation (GDPR) functionality is not enabled in your HubSpot account. 

If 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 and Lawful basis to communicate will appear in the subscriptions section of the contact record. 

Please note: while HubSpot provides these features, your legal team is the best resource to give you compliance advice for your specific situation.

Add your notice and consent options 

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 of the form builder.  The default text you set will apply to all subscription types.

Please note: if you change the default text, it will be added to any new form or pop-up form you create, but existing forms will not be automatically updated. To update an existing form, delete the current GDPR options field from the form and re-add it to include the updated wording.

To add the notice and consent option to your form or pop-up form:

• In your HubSpot account, navigate to Marketing > Lead Capture > Forms.
• Hover over the form name and click Edit, or create a new form.
•  For a standard form:
  • In the left panel, click to expand Other form elements.
  • Under GDPR options, click the dropdown menu and select your notice and consent option.
  • If you'd like to make any changes to the notice and consent text for this form, in the form preview on the right, hover over the GDPR options field and click the edit pencil icon.

• For a pop-up form:
  
  • In the Callout tab, under What should the button link to?, select Form step. 
  • Click Next.
  • In the left panel, click the Notice and consent / legitimate Interest (GDPR) dropdown menu and select your notice and consent option.
  • If you'd like to make any changes to the notice and consent text for this form, in the Notice and consent / legitimate interest (GDPR) section, click the edit pencil icon.

• If you select the Consent checkbox for communications; form submit as consent to process or Consent checkboxes for communications and processing option, you can add additional subscription types/checkboxes to allow visitors to consent to communication from multiple subscription types on a single form:
  • In the Notice and consent / legitimate interest (GDPR) section, click Add another checkbox.
  • In the Consent to communicate checkbox section, click the Subscription type dropdown menu and select a subscription type.
  • In the Checkbox Label section, you can make any edits as needed.
  
  
• In the upper right, click Publish. 

If you want to style the notice and consent text without impacting the rest of the form styling, you can use the CSS selector listed below as a starting point:

.legal-consent-container .hs-richtext

Depending on the consent options your team has chosen, the selector may need to be modified

Notice and consent options 

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

Consent checkbox for communications; form submit as consent to process

• 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.
• If a contact submitting the form doesn’t select the consent to communicate checkbox, the form submission is still processed. However, the contact won't be subscribed to any communications. It is not possible to pre-select the consent to communicate checkbox, but you can make it required.
  
  
  Please note: 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. 
• With this option, consent to process personal data is collected implicitly when the contact clicks the submit button.
  
  

Consent checkboxes for communications and processing

• 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.
• 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, but you can make it required.
  
  
  Please note: 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.
• 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 be unable 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.
  
  

Legitimate interest

• If your lawful 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.