Legal basis for processing in HubSpot: what to record and why
When you subscribe a contact to email in HubSpot, HubSpot asks for a legal basis for processing. It looks like paperwork, but it's the answer to "why were we allowed to email this person?" Here is what it means in plain terms.
What it is
Privacy law in many places, including the EU and UK GDPR, requires a lawful reason to use someone's data. HubSpot lets you record that reason on the contact so you can show it later. It's a record of your reason. It doesn't create the permission.
The options you will see most
- Freely given consent. The person actively agreed, for example ticking a box on a form. The safest option for marketing email.
- Legitimate interest. You have a real business reason and it does not override the person's rights, for example emailing a current customer about something closely related to what they bought. It needs care and a genuine assessment.
- Performance of a contract. The email is needed to deliver something they signed up for.
Where it appears
You are asked when you subscribe someone to a type by hand, when you import contacts, and when you edit subscriptions through the contact record. Forms record it automatically from the form's setup.
Good habits
- Choose the basis that is true, not the one that is quickest to click.
- Keep the note field filled in: "Asked by phone on 3 Oct, agreed to newsletter."
- Review contacts imported from old lists. If you can't say why you may email them, don't.
- Get advice for your situation. This is general information, not legal advice.
In the UK. PECR needs consent for marketing email, or the soft opt-in for existing customers buying similar products, plus a clear sender identity and a working unsubscribe. The UK GDPR lawful basis is how you record it.
Where HubSubs fits
HubSubs is part of Kikaye, a set of small HubSpot apps on one login. See what HubSubs does, or read the setup guide.