Tracking pixels, also called “invisible tags” or “tracking pixels,” are tiny images — typically 1 pixel by 1 pixel — embedded in emails or on websites. Completely invisible and seemingly harmless, they nonetheless make it possible to know whether a message has been opened, at what time, from which device, and sometimes even to cross-reference this data with other online behaviors.
For email marketing professionals, these pixels have become an essential tool: measuring open rates, following up on abandoned carts, or adapting campaigns based on real reactions from contacts. But for regulators, they raise a fundamental question: can this data be collected without explicit consent?
In June 2025, the CNIL (Commission nationale de l’informatique et des libertés) published a draft recommendation on the use of tracking pixels, launching a public consultation. This initiative, while aiming to clarify obligations, has also sparked criticism from several industry professionals: on one side, a call to protect privacy, and on the other, economic players fearing overly restrictive regulation.
This article explores this evolving landscape: the CNIL’s proposals, current criticisms, the implications for marketers, and how a solution like Dialog Insight’s can offer a viable compromise.
Tracking Pixels: A Marketing Standard Now Under Scrutiny
A Tool Over 20 Years Old
The first tracking pixels appeared in the late 1990s, alongside the rise of large-scale email campaigns. The idea is simple: insert into an email an image hosted on a server. When the recipient opens the message, their mail client loads the image, recording the open event.
Over time, the practice became more sophisticated:
- distinction between mobile and desktop opens,
- identification of open time,
- correlation with clicks or subsequent purchases,
- integration into marketing automation scenarios.
Result: without these pixels, a large part of the metrics used to drive campaigns would disappear.
Widely Used but Little Known to the Public
For professionals, tracking pixels are commonplace. But for the general public, they remain largely unknown. Yet, the GPRD reminded everyone that any personal data (even an email open) requires transparent and lawful processing.
This is where the debate arises: how can marketers’ legitimate need to measure performance be reconciled with individuals’ right to control their data?
Why the CNIL Is Acting Now
A Stricter Regulatory Context
The CNIL’s draft recommendation aims to clarify how Article 82 of the French Data Protection Act applies — which transposes the European ePrivacy directive into French law. Concretely, it seeks to apply to emails the same principles already known for cookies: transparency, explicit consent, and the right to withdraw.
In practice, this means that all actors involved in sending or processing emails containing pixels (senders, email service providers, technical subcontractors) would be affected
A Rise in Complaints
For several years, the CNIL has received complaints from individuals and associations denouncing tracking practices they consider intrusive. The central argument: users are not clearly informed that opening an email triggers data collection.
The GDPR and Law 25 Effect
The GDPR in Europe, and more recently Quebec’s Law 25, have strengthened transparency and consent requirements. Web cookies are already regulated through banners and consent mechanisms. Email pixels are now in the spotlight.
A Desire for Clarity
With its draft recommendation, the CNIL is not creating a new law, but proposing an interpretive framework for existing rules. The goal: help companies understand their obligations and reduce grey areas.
CNIL’s Main Recommendations
The draft, open for public consultation until July 24, 2025, includes several key points:
- Free, specific, and informed consent: pixels used for marketing or personalization purposes require explicit consent.
- Timing of consent collection: consent must be requested at signup (e.g., subscription form) or via a “neutral” email without a pixel.
- Ease of withdrawal: users must be able to withdraw consent as easily as they gave it, for example via a link in each email.
- Proof of compliance: companies must retain proof of consent (date, method, purpose).
- Limited exceptions: some pixels for technical purposes (e.g., authentication, security) or anonymized aggregate metrics could be exempt.
- Retroactive neutralization: in case of withdrawal, pixels already present in sent emails should be deactivated — an almost technically impossible requirement according to many actors.
Lobbying and Industry Criticism
The Digital Alliance Pushes Back
From the marketing industry side, the Digital Alliance (a professional association of digital marketing and data experts in France) quickly responded. In an article relayed by MNTD, it argued that the CNIL’s proposal “doesn’t hold up” for several reasons:
- Technical impossibility: once an email is delivered to the inbox, it is impossible to modify its content or remove a pixel. The retroactive neutralization requirement is therefore unrealistic.
- Economic impact: the Alliance estimates that restrictions could reduce campaign performance by up to 70%, with a direct effect on advertising and e-commerce revenue.
- Competitive distortion: if France imposes stricter rules than neighboring countries, local players could be disadvantaged compared to European or international competitors.
- Consent fatigue: multiplying requests (one for the email, one for the pixel) may discourage users. Some experts estimate acceptance rates could drop to between 1 and 5%.
- Excessive rigidity: the strict distinction between marketing and technical uses, or anonymization criteria, is seen as too complex to apply in practice.
Between Protection and Pragmatism
These criticisms reflect a dilemma: how to protect privacy without crippling a core tool of modern marketing? Although invisible, pixels are not always used abusively. They can simply help improve newsletter relevance or prevent sending unnecessary messages.
Impacts for Marketers
Weakened KPIs
If the CNIL’s recommendation is followed to the letter, indicators such as open rate or engagement rate will become incomplete. Some users will likely refuse tracking, biasing statistics.
Limited Personalization
Customer segmentation or re-engagement campaigns often rely on behavioral tracking. Without consent, some personalization mechanisms will be less effective.
Adapting Practices
Marketing teams will need to:
- prioritize clicks as the main indicator, less legally disputed,
- enrich analyses with declared data (expressed preferences) rather than behavioral data,
- rethink A/B testing without relying solely on opens.
A Trust Opportunity
Paradoxically, transparency and respect for choices can strengthen trust. A brand that clearly explains its use of pixels can turn a constraint into a competitive advantage.
Dialog Insight: A Concrete Example of Balancing Performance and Respect
While the industry worries about technical and economic constraints, some platforms have already integrated consent-friendly mechanisms. Dialog Insight is a good example.
Integrated Consent Management
Dialog Insight offers a module that automatically adds two fields to the database: hasTrackingConsent (indicating whether the contact has given consent) and dtTrackingConsent (the date of consent).
Two models are possible:
- Opt-out: tracking enabled by default unless explicitly refused.
- Opt-in: tracking disabled by default, enabled only if the contact agrees.
This flexibility allows companies to adapt to local requirements (GDPR, Law 25, CNIL recommendations).
Consent Interception
An innovative feature allows interception of consent: when a contact clicks on a link, a form appears asking whether they accept tracking. This avoids intrusive banners and requests consent at the right time.
Anonymization of Refusals
Contacts who refuse tracking are not tracked individually, but their actions are aggregated anonymously into overall statistics. Result: the company retains global insights without violating privacy.
Automation and Compliance
Dialog Insight automatically applies consent status to each send. No need to manually manage complex exclusions — compliance is built-in.
Best Practices to Adopt Now
Even though the CNIL’s text is still under consultation, companies can already prepare by taking a proactive approach:
- Clearly inform: specify in forms and emails that pixels may be used, with a link to a detailed privacy policy.
- Offer choice: provide simple, accessible opt-in or opt-out options.
- Collect consent at signup: integrate this question upfront to avoid surprises.
- Prioritize transparency: explain what pixels are for and how data is used.
- Keep proof: store the date, method, and purpose of consent.
- Make withdrawal easy: include a clear link in every email.
- Experiment with opt-in: test its impact on your campaigns.
- Segment differently: combine declared and behavioral data to reduce reliance on pixels.
- Plan a transition period: adapt tools gradually, preparing alternative scenarios.
- Follow regulatory developments: stay alert to CNIL decisions and feedback from the public consultation.
What’s Next?
It is likely that the use of tracking pixels will evolve toward a more ethical model, where users regain control. This doesn’t mean the end of email marketing, but rather a transformation:
- more trust,
- fewer intrusive metrics,
- more voluntary engagement.
Companies that adapt early will gain an edge: they will appear respectful, transparent, and modern.
Conclusion
With its draft recommendation, the CNIL aims to end the opacity surrounding tracking pixels in emails. For marketers, this represents a real challenge: potential performance loss and increased consent management complexity. But it’s also an opportunity — to build more transparent relationships and stand out through responsible practices.
The Digital Alliance’s criticisms show that the debate is far from over. Yet, thanks to solutions like Dialog Insight’s, it is already possible to reconcile performance and respect for rights.
Email tracking is not doomed — it simply needs to evolve. Brands that combine performance and ethics will lead the way in the new digital marketing landscape.
