CNIL Regulation

Email tracking pixels: introducing the Splio solution

Open-tracking pixels: what's changing and how to prepare

The regulation is changing. Following the CNIL recommendations published in April 2026, using open-tracking pixels in your marketing emails now requires specific consent from your contacts, separate from newsletter consent. There's a deadline: July 14, 2026.
In this webinar, we'll walk you step by step through what's changing, how to adapt your practices, and how to set up the right mechanisms before the deadline.

Catch-up campaign creation steps:
Recommended copy (but to be confirmed with your data protection and legal departments)


Catch up Email

{{contact.firstname}}, we owe you an explanation
To find out whether our emails genuinely interest you and to improve the relevance of what we send, we use a tracking pixel (a small invisible image embedded in our emails) that lets us know whether an email has been opened. This helps us send you only relevant content and stop contacting you if our emails no longer interest you. If you're fine with this, you don't need to do anything. If you'd rather we didn't track you this way, you can unsubscribe with a single click.

Your "Manage my preferences" button

If you take no action, we'll continue collecting your open data as usual.


Welcome email header:

A tailored experience
Allow us to measure your email open rate (via a tracking pixel) to tailor our offers to your interests.
Your "Customize my emails" buttonFAQ

FAQ
  • Will the CNIL allow any grace period for compliance after July 14, and for how long?
    The compliance deadline is July 14. It can be assumed the CNIL will likely show some tolerance initially; however, you'll need to be able to demonstrate that work on this has genuinely started.

  • July 14 is a public holiday. Will the transition happen that same day, or will it be moved earlier or later?
    It must happen before July 14. After that date, it will no longer be valid, and all contacts will remain in "opt-out" mode by default.

  • When can I send my dedicated communication about contacts created before April 14? Must it be done before July 14, or will it still be possible afterward?
    It must be done before July 14. After that date, it will no longer be valid, and all contacts will remain in "opt-out" mode by default.

  • Do I need to wait until Splio activates the option on July 14 before I can send my dedicated communication?
    No! You can send your campaign right now using the tracking_pixel_07_2026 category. Processing will happen automatically when the switch takes effect on July 15.

  • By when will the Splio form be ready?
    It's already ready to use.

  • From when can the tracking_pixel_07_2026 campaign category be used?
    You can already use it for your recovery campaigns, and on July 15 we'll activate the script that switches contacts to "opt-in" (consent) mode.
    Don't forget to disable marketing pressure for this campaign.

  • I plan to send the dedicated communication targeting contacts active within the last year (since I'm no longer targeting the others). I'd therefore need to opt in to the open pixel the targeted contacts who haven't expressed disagreement, while the rest of the database stays opt-out. How do I manage this in Splio? Who performs this switch, Splio or me?
    On July 15, Splio will move the entire database into the open-pixel opt-out state. Contacts created before April 14 and targeted by the campaign with the category tracking_pixel_07_2026 will be automatically switched to opt-in, unless they responded requesting opt-out. However, contacts created after April 14 will need to actively opt in themselves via an action (form, checkbox on the site, etc.).
    Remember to disable marketing pressure for these campaigns.

  • How will this play out for future non-opener follow-up campaigns?
    Splio will automatically anonymize the open behavior of contacts who are opted out of the open pixel, so they won't be included in opener/non-opener targeting.

  • Will I be able to filter on the new field, to know how many opt-in versus opt-out people I have?
    Yes, we're working on making the pixel-consent condition available in your Target audiences.

  • Will I keep my opener stats in campaigns?
    Yes, opener statistics will still be available. However, a contact who has opted out of tracking will be anonymized in the statistics export.

  • What if my database covers several countries?
    Management is done at the universe level. Take the example of a brand addressing three countries: France, Italy, Spain. For France, the compliance date is July 14; for Italy, October; and for Spain it isn't known yet. If you have several universes, each universe can be activated on the date tied to its country. If you have a single universe covering all three countries, then the option will need to be activated for all countries at once, on France's date, which is the earliest. Note this is a European directive, so other European countries will gradually be affected depending on the timing of each country's competent authority. We've planned for this, so by default we'll switch on the country's legal date, but it can be done earlier if you prefer. Feel free to discuss this with your Splio contact.

  • What happens if, in X months, someone wants to opt out of the open pixel without unsubscribing from the newsletter?
    You'll need to update your unsubscribe forms to allow opting out of the open pixel specifically. This is indeed the case with the Splio unsubscribe form.

  • I use Predictive at Splio — what does this mean for me?
    If you use our predictive tools, our algorithms have been adapted to perform well without open-tracking information. This is a clear advantage of using Predictive: as open data (and thus targeting criteria) is lost, Predictive can help you maintain — and even improve — accuracy.

  • Will this impact my data flows (API / DataHub)?
    Yes, you'll need to add a new field, whose exact name we'll share with you.