Is HubSpot GDPR compliant?

What does HubSpot do?

A marketing platform whose tracking script usually arrives with its chat or forms. It follows visitors across pages and links them to a CRM record, which is profiling and needs consent.

Does HubSpot need consent?

Yes. HubSpot is Analytics, which is never strictly necessary for a website to function. Under ePrivacy Article 5(3), and its national transpositions, storing or reading anything on the device for that purpose requires consent first, and that consent has to be as easy to refuse as it is to give.

ePrivacy Art. 5(3) · TDDDG § 25 (DE) · TKG 2021 § 165(3) (AT) · GDPR Art. 6(1)(a)

Does HubSpot send data outside the EEA?

Yes. HubSpot processes data outside the European Economic Area, so you need a transfer mechanism under Chapter V and you have to say so in your privacy policy. In practice this means standard contractual clauses, or a provider certified under the EU-US Data Privacy Framework.

GDPR Art. 44 · GDPR Art. 46

What can I use instead of HubSpot?

Running HubSpot as an AI chatbot?

How do we detect HubSpot?

We load your page in a real browser as a first-time visitor who clicks nothing, then look at what it contacted. HubSpot is recognised by requests to hs-scripts.com, hs-analytics.net, usemessages.com and hsforms.net, and we report whether it merely loaded or actually sent data, and whether it set a cookie before any choice was made.