The Loophole CNIL Left Open
The guidance this blog covered earlier in July treats an email tracking pixel like a cookie and requires consent for it in most cases. It also carves out an exemption for one specific use: measuring whether an email was opened, for the narrow purpose of keeping a mailing list’s deliverability healthy. That exemption is real, and read in full it is narrower than most summaries of it suggest. It is also written loosely enough, in one specific place, that a sender inclined to stretch it has room to do so. This post is about that one place, and about how it should eventually be closed.
