Sending email with legal update via HubSpot (Legitimate Interest)

[Elison99]

Hello,

My company is updating it's list of sub processors and needs to inform customers about that as per GDPR. 
We've had deliverability issues in the past and I'm concerned that HubSpot won't let me send this email to all of our customers. Legally speaking, I was advised that I don't need consent because it's necessary information and we have legitimate interest to reach out to our customers.

My questions:

1. Do I need to add a new subscription type for that (it's definitely not Marketing, Sales or Service?
2. How do I ensure that these emails are not blocked because of consent issues?

[Elison99]

Thank you!

[karstenkoehler · Accepted solution]

Hi @Elison99,

The only way to send emails to all contacts, regardless of whether they're fully unsubscribed, is through the paid add-on for transactional emails: https://knowledge.hubspot.com/marketing-email/how-to-use-transactional-email-in-hubspot

The next-best solution and closest workaround would indeed be an additional subscription type, e.g. 'Confirmation emails and legal updates' that you opt all contacts into. Keep in mind however that, even if you bulk opt contacts into that subscription type, fully unsubscribed contacts will be suppressed by HubSpot at the time of the send. With a regular subscription type ( = without the transactional email add-on) there is no way to work around that. Non-transactional emails will not be sent to contacts that are unsubscribed or (when 'Legal basis required' is enabled in the GDPR settings) who are missing an opt-in for the chosen subscription type.

I'd recommend creating a list of these contacts (Unsubscribed from all email = True) and contacting them through a personal email, if needed.

Let me know if you have any follow-up questions!