Can I use tracking pixels in marketing emails?
Under GDPR and ePrivacy, a tracking pixel in email is similar to a cookie: consent before you can measure opens.
Try this first
- 1Check your tool. Mailchimp, Brevo, ActiveCampaign, HubSpot enable open and click tracking by default. Turn it off where not needed.
- 2Get consent at sign-up, specified: "May we measure whether you open and click our emails?". Separate checkbox, not pre-ticked.
- 3Store consent proof on sign-up (date, IP, chosen options).
- 4In every email, an unsubscribe link plus a "tracking preferences" link. Adjustable without unsubscribing is cleaner.
- 5For purely transactional mail (order confirmation, invoice) the contract basis applies. Marketing tracking is not in scope of that basis.
When to bring us in
B2B with large lists and hand-picked leads? You are in the "soft opt-in" grey zone. Strategy here needs recent case law; we can think along.
See also
- Does NIS2 apply to my company?Two questions decide it: are you in a listed sector, and do you meet the threshold from Recommendation 2003/361/EC (more than 50 FTE and more than EUR 10M turnover or balance sheet). Below that you are only indirectly in scope, via your customers. The threshold determines whether you are an important or essential entity depending on sector.
- What changes with the Dutch Cyber Security Act?The Cyberbeveiligingswet is the Dutch implementation of NIS2. Track NCSC for the exact effective date and the lower regulations.
- Am I personally liable as a director under NIS2?Yes. The board is accountable for approving and overseeing the cyber measures. Severe negligence can become personal.
None of the above fits?
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