I'll ask what may seem like an oversimplified question and offer an equally 'simple' solution, but first I'd like to say thanks to @Lee for starting the original thread as well as to everyone who has contributed so far. As stated earlier, it emphasises the degree to which many smart people are struggling with compliance issues throughout the world. So let's get to it ..
An Oversimplified Question
Aren't ALL HubSpot Marketing Email Types just various forms of marketing emails? (rhetorical)
An Oversimplified Solution
Reduce the number of HubSpot Marketing 'Email Types' used in your portal.
We use two -- e.g.,
- Blog Subscriptions (only if applicable).
Using any more than this only serves to confuse subscribers and (sometimes more importantly) unsubscribers about an already overly complicated issue.
If marketers, developers, and implementers of these complex systems are confused by their use it's safe to say that email recipients are at least just as confused. Problem? When we're confused we typically don't hit the "SPAM" button.
I fear that abuse complaint rates will rise increasingly and in direct proportion to our lack of clarity around the use of these advanced platforms (not just HubSpot).
Finally, and in a rare case when I make a comment in 'defense' of a corporation, I don't think it's fair to say that HubSpot is responsible for facilitating CASL or GDPR violations simply because of the confusion around HubSpot Marketing Email Types and simply because the platform may allow accidental &/or unintended use. The page cited, although in desperate need of better examples (hint ... hint ...), explicitly states that email types are for marketing emails in our marketing portal which by definition and implication means 'marketing emails'.
Attempting to hold HubSpot accountable for our violation of CASL or GDPR just doesn't pass the reasonableness test. He11, if we could hold a corporation responsible for our unintended misuse of its products/services I think the gun manufacturers would've been in trouble long ago. haha (not intended to make light of a very serious issue)
Thanks again all. Very thought provoking and informative thread.