Contracting party
Customers in Germany, Austria, Switzerland and Liechtenstein contract with HubSpot Germany GmbH.
HubSpot ships with most GDPR switches built in. The question is whether they are on in your account, and what 'confirmed' really means in HubSpot.
Customers in Germany, Austria, Switzerland and Liechtenstein contract with HubSpot Germany GmbH.
HubSpot is hosted on AWS in the US, Canada, Australia and the EU (Germany). Which data centre an account gets is set at purchase by the geolocation of the sign-up IP address.
The hosting location does not cover everything: add-ons, third-party products and beta services are excluded, and HubSpot explicitly makes no warranty that a location meets your data residency requirements.
HubSpot, Inc. is on the official list. Status on 3 October 2026: active, next recertification due on 6 November 2026.
The data processing agreement is incorporated into the Customer Terms of Service and applies with the subscription.
Data privacy settings are on by default only for accounts whose data is stored in the EU.
With Marketing Hub Starter or the free tools, double opt-in comes as a basic feature: one default confirmation email that applies to all forms and pages.
'Confirmed' does not always mean a click: contacts who received an email before double opt-in was turned on count as 'Confirmed from previous behavior'.
Without authentication, HubSpot sends with an email variable domain as the From address, which may look suspicious to a recipient's provider.
HubSpot may use customer data to train its AI models unless you opt out in your account settings.
This page is not legal advice and we are not a law firm. We report what the vendor itself documents, with a date. Vendors change their terms; the linked source in its current version always prevails.
If the account is not in the EU data centre, the data privacy settings are off. Then the legal basis field, the consent section in forms and the cookie banner are missing until someone switches them on.
After double opt-in is switched on, earlier recipients count as confirmed. That status is not proof; if you have to demonstrate consent, you need the click or another source.
Check the data centre, switch on data privacy settings, maintain the legal basis per contact, decide on AI training deliberately.
Switch on double opt-in, set up subscription types, forms with consent wording and a link to the privacy notice.
Sending domain with DKIM, SPF and DMARC, HubSpot Germany GmbH as processor in your records, US transfers documented.
No tool is compliant on its own; it depends on the setup. HubSpot ships with data privacy settings, legal basis per contact, double opt-in and an EU data centre. What matters is whether those features are switched on in your account.
It depends on where the account was created: HubSpot assigns the data centre by the sign-up IP address. Even in the EU data centre, add-ons, third-party apps and beta services are excluded from the location.
The contact received an email before double opt-in was switched on and therefore counts as confirmed. The status does not prove a click on a confirmation link.
With HubSpot Germany GmbH. That is also the entity to name in your records of processing.
The setup costs € 890 for your whole stack. The other tools we have checked the same way:
Tell us which tools you use and where your contacts come from. In the first call we will tell you whether € 890 covers it or whether more needs fixing, honestly either way.
Request the setup