Italy's email open tracking pixels rules are changing

Italy's email open tracking pixels rules are changing

The backbone of email open tracking for years, the open tracking pixel, is under more scrutiny these days. Earlier this year, France announced new rules around how and when open tracking pixels could be used.  Italy has followed suit and announced new regulations around open tracking pixels. 

Italy’s Garante and email tracking pixels: What email senders need to know

A new set of guidelines from Italy’s data protection authority, the Garante per la protezione dei dati personali, puts additional requirements around how tracking pixels are used in email.

For email senders with subscribers in Italy, these guidelines are important to understand, particularly for marketers using individual-level open tracking.

What did the Italian Garante say?

In April 2026, the Garante issued guidelines specifically addressing the use of tracking pixels in email communications. The Garante’s position is that email tracking pixels must be disclosed to recipients, regardless of the purpose of the email or the type of sender.

For many uses of tracking pixels, the Garante says prior consent is required.

A deadline senders need to know

Senders need to comply with the new regulations by October 28, 2026. That means you will need to update your opt-in form with verbiage around tracking pixels and give existing subscribers an option to opt out of tracking pixels ahead of that date. It’s important to note that the October 28th deadline only applies to subscribers in your database that signed up before April 29, 2026. New subscribers from April 29, 2026 onwards require prior, explicit consent for open tracking pixels. 

What should senders do?

Email senders need to work with their legal teams to ensure they are fully compliant with their opt-in process and following the law around existing and new email subscribers. There are many complexities around these new rules - some types of emails have exemptions, certain types of tracking pixels (opaque pixels) have different rules, etc. It’s important to work with your privacy/legal teams to determine how the Garante’s guidance applies to your specific email program.

Does this end with France and Italy? 

The likely answer is: no. Europe has a large focus on consumer protections, which is why GDPR really changed the email landscape. Now we are seeing multiple countries working to tame how consumers are tracked through emails. Will the rest of Europe decide to adopt a similar policy as France and Italy? That remains to be seen - but we seem to be heading in that direction. 

The past several years have seen non-stop changes in the world of Email Marketing. GDPR, Inbox Provider rules, Apple Mail Privacy Protection, etc. If your team needs assistance monitoring and responding to these changes, our professional services team is here to assist and figure out what changes need to be made to your email program to reduce complaint rates.