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  4. hubSpot consent banner

hubSpot consent banner

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What does HubSpot Cookie Consent Banner do?

The HubSpot cookie consent banner is HubSpot built in tool for collecting and recording visitor consent, gating HubSpot analytics and marketing cookies until the visitor agrees.

What it is

The HubSpot cookie consent banner is a feature of the HubSpot platform that displays a cookie notice and records visitor choices. It is designed to gate HubSpot own tracking cookies, such as analytics and chat, and can be configured for opt in behaviour suitable for the European Union. The banner stores the visitor decision so it is remembered on later visits.

Cookies and data it collects

To remember choices, the banner sets strictly necessary preference cookies such as __hs_opt_out and __hs_cookie_cat_pref. These do not track the visitor; they only record whether analytics, personalisation or advertising cookies are allowed. The cookies that the banner controls, such as HubSpot analytics, are the ones that need consent.

GDPR and ePrivacy implications

The consent preference cookies are themselves strictly necessary and exempt from consent, because they exist to comply with the consent requirement. The banner helps you meet Article 5(3) of the ePrivacy Directive by blocking non essential HubSpot cookies until the visitor opts in.

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Consent requirements

Configure the banner for opt in, so HubSpot analytics and marketing cookies are not set until the visitor accepts. Make refusal as easy as acceptance and present granular categories. The banner itself does not require consent, but it must genuinely block the cookies it governs.

Data transfers

HubSpot is a United States company, although it offers an EU data hosting region. Where data is processed in the United States, transfers rely on the EU US Data Privacy Framework or Standard Contractual Clauses, which you should confirm and note in your privacy policy.

Practical compliance steps

Enable opt in consent in the HubSpot settings, verify that HubSpot cookies are actually blocked before acceptance, and document the consent preference cookies as strictly necessary. Confirm your HubSpot data hosting region and the transfer mechanism, and keep records of consent.

GDPR consent category

Essential

Websites using HubSpot Cookie Consent Banner must obtain user consent under GDPR regulations.

Legal basisLegitimate interest or legal obligation for the consent preference cookies, which are strictly necessary to record choices
Risk levellow
Applicable regulationsGDPR, ePrivacy Directive

DPIA considerations

The consent banner itself is low risk and rarely needs a DPIA, since it processes only consent preferences. Any DPIA should focus on the wider HubSpot analytics and marketing it governs, and on the United States transfer.

Sample consent text

We use a cookie banner to ask for your consent. HubSpot analytics and marketing cookies are set only if you accept. A small preference cookie remembers your choice.

Technical details

Tracking methodConsent management banner script served by HubSpot
Server locationUnited States (HubSpot, Inc.), with optional EU data hosting
Data transferred outside the EUHubSpot is a US company and the consent banner is served from HubSpot infrastructure. HubSpot offers an EU data hosting region, but data may still be processed in the United States under the EU US Data Privacy Framework or Standard Contractual Clauses.

Third-party domains contacted

hs-banner.comjs.hs-scripts.comhubspot.com

Cookies placed

NameTypeDurationPurpose
__hs_opt_outStrictly necessary6 monthsRecords that the visitor has declined non essential cookies so the banner does not reappear.
__hs_cookie_cat_prefStrictly necessary6 monthsStores which categories of cookies the visitor has consented to.
__hs_do_not_trackStrictly necessary6 monthsPrevents HubSpot tracking cookies from being set when the visitor has not consented.

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Frequently asked questions

Which cookies does the HubSpot consent banner set?

It sets strictly necessary preference cookies such as __hs_opt_out and __hs_cookie_cat_pref that record the visitor consent choices. These do not track the visitor.

Do I need consent for the banner itself?

No, the consent preference cookies are strictly necessary and exempt, because they exist to comply with the consent requirement. Consent is needed for the HubSpot cookies the banner controls.

What is the legal basis?

The preference cookies rely on legitimate interest or legal obligation, as they are required to honour consent choices. The analytics and marketing cookies they gate rely on consent under Article 6(1)(a).

Does it transfer data to the United States?

HubSpot is a US company and offers an EU hosting region. Where processing happens in the US, it relies on the EU US Data Privacy Framework or Standard Contractual Clauses.

Do I need a DPIA?

The banner itself is low risk, but the broader HubSpot tracking it governs may warrant one. Assess the analytics, the marketing cookies and the US transfer.

How do I configure it compliantly?

Set the banner to opt in, confirm that HubSpot cookies are blocked until acceptance, present granular categories and make refusal easy. Keep records of consent.

Are there alternatives?

Dedicated consent management platforms can manage HubSpot and all other cookies together, which is useful if you use trackers beyond HubSpot. The native banner is convenient for HubSpot only sites.

How do I update my cookie policy?

Describe the consent preference cookies as strictly necessary, explain that non essential HubSpot cookies load only after opt in, and disclose the United States transfer.