Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'The FTC enforces against unfair or deceptive data collection practices under FTC Act Section 5, relevant when businesses misrepresent their data sourcing to end users.', 'complaint_url': 'https://reportfraud.ftc.gov/'}

What is the severity of this clause?

ConductAtlas classifies this Customer Data Ownership and Controller Responsibility clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Customer Data Ownership and Controller Responsibility — HubSpot

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What it is

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.

Consumer impact (what this means for users)

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.

Cross-platform context

See how other platforms handle Customer Data Ownership and Controller Responsibility and similar clauses.

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Why it matters (compliance & risk perspective)

This means if your business uploads illegally obtained contact data or violates GDPR consent rules, your business bears full legal and regulatory responsibility, not HubSpot.

View original clause language

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.

Institutional analysis (Compliance & legal intelligence)

(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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Applicable agencies

FTC

The FTC enforces against unfair or deceptive data collection practices under FTC Act Section 5, relevant when businesses misrepresent their data sourcing to end users.
File a complaint →

Provision details

Document information

Document

HubSpot Terms of Service

Entity

HubSpot

Document last updated

April 29, 2026

Tracking information

First tracked

April 18, 2026

Last verified

April 18, 2026

Record ID

CA-P-002966

Document ID

CA-D-00207

Evidence Provenance

Source URL

https://legal.hubspot.com/terms-of-service

Wayback Machine

View archived versions →

SHA-256

9927299c7582997f7d7d4ec9af87291e8942c38b96b84ff4e2ea6e359778795c

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: HubSpot | Document: HubSpot Terms of Service | Record: CA-P-002966
Captured: 2026-04-18 11:17:02 UTC | SHA-256: 9927299c7582997f…
URL: https://conductatlas.com/platform/hubspot/hubspot-terms-of-service/customer-data-ownership-and-controller-responsibility/
Accessed: May 2, 2026

Classification

Severity

High

Customer Data Ownership and Controller Responsibility