Email open tracking and consent: the new rules in Europe

Regulatory changes in Europe have reclassified the email open-tracking pixel, commonly used in marketing emails, to require consent similar to cookies, with France's CNIL and Italy's Garante leading the way. The new rules mean that companies must obtain recipient consent before using tracking pixels for marketing, profiling, or performance measurement in these countries, regardless of where the sender is based. This shift is part of a broader alignment with the EU's ePrivacy Directive and GDPR standards, emphasizing the distinction between sending emails and tracking them. Compliance involves ensuring that tracking consent is collected separately from email consent and providing recipients a straightforward way to withdraw consent. While U.S. companies are affected if they email recipients in France or Italy, those emailing solely within the U.S. remain unaffected by these specific rules. Courier, an email delivery service, provides mechanisms to manage tracking consent by allowing users to control tracking pixels through various settings and user attributes, though it does not yet offer a built-in consent mode for automatic enforcement.

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