CNIL open tracking restrictions are coming and complex
CNIL, France’s data protection and privacy authority, recently announced new restrictions and requirements related to open tracking (aka pixel tracking) and things are relatively complex.
The TL;DR is that permission is required before tracking opens, there’s a potential exemption for deliverability use, and email service provider and marketing automation platforms may have to modify functionality or implement new functionality to enable email senders to comply.
Start here with this great overview of what has come out so far, courtesy of Alison Gootee from Sinch Mailgun. (She also notes that Italy’s privacy authority has announced a different set of restrictions – be sure to review that, as well!)
It’s easy to translate his feedback from French using your browser, so I won’t paste a whole, long translated version here. But to highlight his key takeaways: He says that when it comes to the new pixel tracking mandates, “the disconnect between the legal perspective and operational reality is glaring,” platforms are not ready to comply, and the webinar audience ultimately were left with more questions than answers.
I looked for a recording of the webinar online but wasn’t able to find one – it doesn’t seem to be on the CNIL video site. Feel free to drop me a line with a link, if you’ve got one.
CNIL, France’s data protection and privacy authority, recently announced new restrictions and requirements related to open tracking (aka pixel tracking) and things are relatively complex.
The TL;DR is that permission is required before tracking opens, there’s a potential exemption for deliverability use, and email service provider and marketing automation platforms may have to modify functionality or implement new functionality to enable email senders to comply.
Start here with this great overview of what has come out so far, courtesy of Alison Gootee from Sinch Mailgun. (She also notes that Italy’s privacy authority has announced a different set of restrictions – be sure to review that, as well!)
And now what? For that, let’s head over to Jonathan Loriaux, CEO of Badsender, and his recent Linkedin post, where he summarized what he observed in a CNIL webinar meant to provide clarification around the new pixel tracking requirements and restrictions.
It’s easy to translate his feedback from French using your browser, so I won’t paste a whole, long translated version here. But to highlight his key takeaways: He says that when it comes to the new pixel tracking mandates, “the disconnect between the legal perspective and operational reality is glaring,” platforms are not ready to comply, and the webinar audience ultimately were left with more questions than answers.
I looked for a recording of the webinar online but wasn’t able to find one – it doesn’t seem to be on the CNIL video site. Feel free to drop me a line with a link, if you’ve got one.
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