You own your customer data in HubSpot, but you are entirely responsible for making sure you legally collected it and have the right to use it — HubSpot is not responsible if your data collection practices violate the law.
This analysis describes what HubSpot's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The provision allocates data ownership to the customer while establishing the customer's sole responsibility for data accuracy, quality, and legality. This framework clarifies that HubSpot does not claim ownership interest in customer data, but conditions the customer's use of the services on the customer's warranty of proper data acquisition and authority to license the data to HubSpot.
Business customers assume full legal responsibility for the lawfulness of all data they upload into HubSpot, including compliance with GDPR, CCPA, and CAN-SPAM — creating significant regulatory exposure for businesses that fail to audit their data sources.
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"As between HubSpot and Customer, Customer retains all right, title, and interest in Customer Data. Customer is solely responsible for the accuracy, quality, and legality of Customer Data and the means by which Customer acquired Customer Data. Customer represents and warrants that it has all necessary rights, consents, and permissions to submit Customer Data to the Services and to grant HubSpot the rights set forth herein.— Excerpt from HubSpot's HubSpot Terms of Service
(1) REGULATORY FRAMEWORK: This provision directly implicates GDPR Art. 6 (lawful basis for processing) and Art. 7 (conditions for consent), with the Customer designated as data controller bearing primary compliance obligations. CCPA §1798.100 imposes parallel obligations on businesses collecting California resident personal information. CAN-SPAM Act (15 U.S.C. §7701) and TCPA (47 U.S.C. §227) are implicated for email and SMS marketing data. Enforcement authorities: EU DPAs (lead: Irish DPC), California Privacy Protection Agency, FTC, and FCC for TCPA. (2)
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The provision allocates data ownership to the customer while establishing the customer's sole responsibility for data accuracy, quality, and legality. This framework clarifies that HubSpot does not claim ownership interest in customer data, but conditions the customer's use of the services on the customer's warranty of proper data acquisition and authority to license the data to HubSpot.
Business customers assume full legal responsibility for the lawfulness of all data they upload into HubSpot, including compliance with GDPR, CCPA, and CAN-SPAM — creating significant regulatory exposure for businesses that fail to audit their data sources.
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