3 minute read
Email tracking pixels have been a standard part of email marketing for years, helping organisations measure opens and understand engagement.
But in 2026, European regulators have put a much greater focus on how these tracking technologies are used.
What's changed?
France
In April 2026, France's data protection authority, the CNIL, published its final recommendation on tracking pixels in emails. The recommendation clarified how existing privacy rules apply to email tracking, including when consent is required. Following a transition period, the recommendation became applicable in July 2026.
Italy
Italy's Garante published its own guidance on tracking pixels in April 2026. It states that, in ordinary circumstances, consent is required for this type of tracking, subject to limited exceptions. Organisations have been given six months to adapt, with the compliance deadline falling in October 2026.
These developments are particularly relevant for organisations marketing across multiple countries, as the same email and technology stack may be used for contacts in very different jurisdictions.
What should marketers do?
You don't necessarily need to stop using email tracking, but it's worth reviewing how tracking is currently handled across your email and marketing systems.
Consider:
where tracking pixels are added to your emails;
whether your email platform provides options for controlling tracking;
how your organisation determines when consent is required; and
whether you have a reliable way to record and act on a contact's consent or preference.
The right approach will depend on your email platform, marketing automation setup and the jurisdictions in which you operate. Make sure any changes have been reviewed by the appropriate privacy or legal team.
How can Formulayt help?
Formulayt doesn't send emails or manage tracking pixels on behalf of customers. What we can help with is capturing the information and applying the rules that sit behind your marketing processes.
Using Formulayt, you can capture information such as country, region and marketing preferences, and use rules to determine how that information should be handled.
That information can then be passed to your CRM, marketing automation platform or other connected systems, giving those platforms the data they need to support your organisation's approach.
For international organisations, this can be particularly useful where different rules need to be applied to different audiences.
We've also put together a practical guide showing how you can use Formulayt fields and rules to capture and pass email tracking consent based on country: Using Rules for Email Tracking Consent
The guide covers an example setup for France and Italy, including capturing consent, using existing consent information and passing the resulting value to your marketing automation platform.
Looking ahead
The changes in France and Italy are a useful reminder that email tracking should not simply be treated as a standard setting across every market.
As privacy requirements continue to evolve, having flexible data capture and rules in place can make it easier to adapt your processes when requirements change.
If you're reviewing your email tracking or consent processes, speak to the Formulayt team to see how we can help you capture the right information and build the rules around your existing workflows.
This article is provided for general information only and does not constitute legal advice.