Tracking pixels (small invisible images) are used to record when a recipient opens an email.
Recent legislation in France and Italy prohibit the use of tracking pixels without the explicit consent of the recipient.
Both legislations affect the recipients regardeless of the sender's location. Therefore if you have recipients in France or Italy you must conform.
Check our documentation for steps and actions to take and how nuevoMailer can help you.
France - Cnil
Key Timeline Milestones
- April 14, 2026: The official recommendation was published. New contacts collected from this date required explicit, prior consent for open-tracking from day one.
- April 14 – July 14, 2026: A three-month grace/transition period allowed organizations to inform pre-existing database contacts about tracking pixels and provide an easy opt-out mechanism.
- July 14, 2026: The transition window officially closed. The CNIL began active compliance checks and enforcement.
Italy - Garante
Key Timeline Milestones
- April 17, 2026: The Garante officially adopted Provision No. 284 (its first dedicated Linee guida on email tracking pixels).
- April 29, 2026: The guidelines were formally published in Italy's Official Gazette (Gazzetta Ufficiale No. 98). This publication triggered a strict six-month window for data controllers to adjust.
- October 28, 2026: The compliance window officially closes. Senders must have updated consent flows, sign-up forms, and privacy notices by this date.