The deadline to comply with the Guidelines of the Privacy Guarantor on the use of tracking pixels in emails and newsletters is expired October 29, 2026
Hidden pixels in newsletters: what changes with the new provision from the Guarantor
Sending a newsletter is no longer an operation to be applied on “autopilot”. With the provision no. 284 of 17 April 2026, The Guarantor for the Protection of Personal Data has clarified the use of tracking pixel (the small, invisible graphics used to track who opens emails or clicks on links), establishing precise rules that equate these tools to common web cookies.
Here's what this means in concrete terms for businesses, professionals, and anyone who uses email marketing tools.
The basic rule: consensus is required
The Guarantor has traced the tracking pixels back to the’Article 122 of the Privacy Code, integrating it with the principles of GDPR.
The practical consequence is clear: the use of tracking pixels is generally prohibited, unless the user has given explicit consent or specific technical exceptions provided by law apply.
If the pixel is used to measure the behavior of the individual recipient for promotional purposes, advanced statistics or profiling, consent must be:
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Price quotation: collected before activating any tracking.
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Free and specific: not tied to registering for the service or sending the email.
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Unequivocal: expressed through a clear positive action (no pre-ticked boxes).
The 4 pillars to get in compliance
To continue communicating with your audience without risking penalties, you need to adapt your sending flows by following four key steps:
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Transparent information: clearly explain to the user, from the moment of registration, whether and why tracking pixels are used.
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Valid consent: provide a dedicated opt-in option for tracking opens and interactions.
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Simple revocation: Allow the subscriber to disable tracking or withdraw consent at any time as easily as they gave it (for example, via a dedicated link in the email footer).
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Data Minimization: collect only the strictly necessary data, avoiding recording unnecessary details about recipients' habits and devices.
What happens now if you send a newsletter?
Those who use sending platforms (such as Mailchimp, (Brevo or proprietary systems) you should immediately check your account configuration. In most cases, Pixel-based aperture tracking is enabled by default: to remain compliant with the regulations it is necessary disable unauthorized individual tracking, update the privacy policy and provide appropriate consent boxes in the registration forms.
