On April 14, 2026, the French data protection authority CNIL published a recommendation on the use of tracking pixel An email. A tracking pixel is an invisible image—often just one pixel in size—that is loaded from a remote server when the recipient opens the email. It provides the sender with information that the email was opened, when it was opened, and in some cases, from which device.
Most newsletter tools like Mailchimp, HubSpot, and Brevo use this type of tracking as a default setting. CNIL states that, as a general rule, this requires prior consent from the recipient—unless the tracking falls under a narrow exception for purely statistical purposes without individual identification.
The recommendations provide concrete examples of when consent is required and when it is not. Aggregated opening figures without a link to individuals may be exempt. But the moment you can see that Ola Hansen opened the newsletter at 9:14 AM on an iPhone — then you need consent.
**Practical point:**
Check your newsletter tool today. Is tracking enabled by default? Can you see who opens each individual newsletter? If yes, ensure your subscribers have consented to this and that your privacy policy provides clear information.
Inspired by: CNIL