Understanding CNIL’s updated guidance on email open tracking
This post is for informational purposes only. It is not legal advice and does not warrant your compliance. The Adobe Marketo Engage product capabilities described in this help article, configured and operated appropriately, support a compliant implementation. Each user is responsible for determining and complying with its obligations under applicable law.
Overview
On April 14, 2026, France’s data protection authority (CNIL) published a recommendation on the use of open tracking pixels in emails. The guidance clarifies when consent is required and highlights the importance of proper consent practices for email pixel tracking. This policy impacts any entity sending emails to subscribers based in France.
CNIL provided a three-month period from the date of the recommendation for companies to inform their email recipients of the presence of the tracking pixels, their purpose, and the recipients’ right to opt-out. During this transition period, Marketo Engage users are expected to notify their recipients about pixel tracking and provide an opt-out if necessary. CNIL is expected to begin enforcement activities after July 14, 2026.
As the CNIL and other regulators clarify guidance on tracking pixels and related issues, Adobe will continue to monitor updates and inform you of changing technical capabilities.
Marketo Engage offers controls that help you manage open tracking at the email level. Users are responsible for determining their own compliance obligations under applicable CNIL guidance and other laws.
What is an email tracking pixel
An email tracking pixel is a small transparent image (just 1x1 pixel in size) embedded in the HTML of an email. When a recipient’s email client loads the email images, the pixel pings a server that records data such as a timestamp, device type, email client, and sometimes an IP address for approximate location. That log is tied to the recipient’s record, allowing marketers to see whether an email is opened.
Guidance on consent tracking
Detailed steps are outlined for Marketo Engage users in this help article on Experience League.
Updates and support
For the latest updates, bookmark this post. If you have any questions, please post a comment below.