On April 14, 2026, the CNIL published a major recommendation. It reshakes emailing and direct marketing practices. Email open tracking pixels are now subject to the same legal framework as cookies. They are also called “spy pixels” or “tracking pixels”.

This change requires obtaining prior and explicit consent. It applies to users in order to measure audience, personalize content, or profile recipients of marketing emails.

For data controllers and DPOs, the countdown has begun. This shift is not just a constraint. It represents a tremendous opportunity to reinvent your prospect and client relationships through the engagement and data collection mechanics offered by Adictiz.

Until now, email tracking relied heavily on newsletter opt in or legitimate interest. The CNIL is now clarifying the rule:

1. Mandatory double consent: opt in to receive an email does not constitute consent to track its opening. Nor does it allow using this data for targeting or profiling purposes. Both consents must be distinct.
2. A strict exemption: only individual deliverability measurement for transactional or service emails (e.g. access confirmation, prize wins) remains exempt from consent. Any aggregate audience measurement or associated device analysis requires user agreement.
3. Tight schedule: a 3 month transition period is granted to achieve compliance for existing databases. The deadline is set for mid July.

Whether triggered by an interaction (contest participation confirmation, prize notification) or part of segmented marketing campaigns:

• Your service or contest emails must separate pure deliverability measurement from audience analytics.
• Your email campaigns and behavioral targeting must condition open tracking and personalization on the recipient’s prior consent.

Faced with this requirement, legal responsibility lies with the data controller (your brand). But as a processor committed alongside our clients, Adictiz takes on its responsibilities by your side.

Collecting a second consent should not turn into a simple, off-putting banner. Thanks to Adictiz, turn this information and consent process into a real marketing opportunity:

• Games and interactive mechanics: integrate the collection of this consent within your contest campaigns or engagement forms.
• High value add reconsent campaigns: offer an engaging counterpart (contest, reward, exclusive content) to maximize your audience acceptance rate.
• Trust and transparency: strengthen your brand image with your users by highlighting respect for their privacy.

Ensuring the compliance of your email systems is a strategic priority to maintain client trust and protect the value of your databases.

Do not just endure regulation, stay one step ahead.

Our teams are at your disposal to analyze your current user journeys, update your forms, and deploy captivating, compliant engagement scenarios.

👉 Contact us to review your challenges and projects.

Collecting dedicated consent for email tracking at scale can seem complex. That is where Adictiz expertise comes in: collecting consent and qualified data is at the core of our DNA.

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