The CNIL Tracking Pixel rule: What changes on July 14th (and what to do now)
Recently the data protection authority of France (CNIL) published its final recommendation on tracking pixels in email. It takes effect 14 July 2026, and the principle is simple: a tracking pixel is now treated like a cookie.
Important nuance: this is an interpretation by France of existing ePrivacy rules, not a new law, but it does apply for your French recipients and it doesn’t automatically apply on your whole EU database.
Since almost all commercial email has a tracking pixel, you need to get into action mode, because the pixel needs its own, separate consent. This means a separate opt-in needs to be sent for the tracking pixel.
If you email French contacts: act before 14 July
- Check your database and identify how many French contacts are in your database (and whether you process through a French entity)
- Inform your French contacts who signed up before 14 April 2026 with an informational email in which they can object to the tracking pixel. Do this before 14 July 2026. Depending on the email system you use to send, we’d be happy to advise you on the best approach. For email addresses that signed up after 14 April 2026, you must ask for full consent.
- Fix your forms before July 14th Add a separate tracking-consent checkbox to your sign-up forms and everyone who will be added to the email database (so possibly in your checkout / booking flow too). If that’s not possible, collect it via a dedicated, pixel-free consent email.
- Split your sends after 14 July for your French database. Send an email with a pixel to only those who opted in. The rest you can still email but just without a tracking pixel in the email. Losing tracking consent doesn’t mean losing the contact, it means going partially blind on opens and clicks for that segment.
No French contacts? Get ahead of it anyway
You’re not obliged to act by 14 July in this case, but there’s a strong case for moving now rather than waiting. Consent to send out an email is not the same as consent to track what happens inside it, so the pixel now needs its own opt-in.
We don’t believe this will legislation will only be used by the French. We expect more European countries to follow soon. Probably fewer people will give consent via email rather than via the sign up form checkbox. Therefore, setting up a single, uniform EU-wide consent standard keeps your processes simple and means you’re ready the moment the same thinking reaches other European markets. This means that everyone who will come in your email database as a new contact has given approval for tracking pixel which you don’t need to ask for the moment legislation changes in other countries.
Backed by DDMA's legal expertise
Red Online Marketing partners with DDMA (Data & Marketing Association) which is the Dutch industry association for data and marketing driven companies.
DDMA gives us access to specialised legal advice on exactly these kinds of developments, so we can help you translate the rules into the right approach for your situation.
Questions?
Feel free to reach out and we are happy to help you! Just send a message to info@wanderjourneys.com
