How to make the GDPR consent of communicate required

[matteocloudnova]

Hello!

I have a form that requires the consent to communicate to deliver a premium content. The problem is that is not possible to set the consent as required (as you can read here), so I have leads that are converting without clicking the consent. I have 2 problems:

1. they cannot receive the content they required
2. its completely unuseful to gather data from people I cannot communicate with. I honestly don't care about giving away content for free if I cannot trasform the visitor into lead

Did someone found a workaround to deal with this problem?

[matteocloudnova]

One thing that can be helpful is a pop up banner on the first click on the submit button, if the consense checkbox is not checked. 

[Phil_Vallender · Accepted solution]

Hi @matteocloudnova

This is really a problem with GDPR, rather than a problem with HubSpot - as I'm sure you know. 

GDPR states that when you determine that you need to collect consent to communicate with a lead, it can not be made mandatory. In many cases I expect this will result in consent-obtain ratios near 0%. 

There is no way to make HubSpot's GDPR consent, or any form of GDPR compliant consent, a mandatory step - even in return for valuable content. 

I would always recommend that business look to see if they can communicate based on legitimate interest - otherwise you can basically forget email marketing and lead nurturing. 

Hope this helps.

[fabianj]

Sorry Phil, this does not make sense!

According to GDPR I need to contact to allow me to send him information and to process his data... So how can I send the contact the content he requested if he does not give me the consent to do so? The acceptance of the consent to process data and receive the content must be obligatory steps in order to be GDPR compliant as far as I can see.

If what I am saying is true, HubSpot must allow to make the steps obligatory. If it's not true, please tell me why that would be the case.

[matteocloudnova]

We manage to sort this out by communicating based on legitimate interest, communications include only the specific product/solution that create the conversion. We still have optional marketing checkbox that include receiving brand-wide marketing communication.

[fabianj]

Hey matteocloudnova, right. In fact we took the same path - only plausible solution 🙂

However HubSpot should implement a setting that allows to make specific GDPR consent checkboxes obligatory! Why the heck wouldn't that be an option? If I as a company only want to send you content if you consent to my privacy regulations, I should be able to do so.

[matteocloudnova]

I was afraid to hear this answer.

I guess that we could still try to notify the user that we need to have that consent if he/she wants that content.

Thank you.

[Mibe22]

HI!

This could be a work around.  If you enable double opt in, then you create a workflow that only prospects which have confirmed their email address will receive a link to the asset.

This works pretty well and we see now a better quality of leads.

[matteocloudnova]

I'm gonna try this, thanks