On Oct. 6, 2026, ITA DP updated on application of the Guidelines on Tracking Pixels.
By Oct. 29, 2026, companies, platforms, newsletters will have to adapt information, consent and opt-out systems to the Guidelines on the use of tracking pixels in emails.
Tracking pixels are tiny, transparent, virtually invisible images inserted into emails to detect their opening and collect information on user behavior.
These can be particularly invasive as often operate without recipient's full awareness.
Their use falls within scope of Art 122 Privacy Code which regulates use of technologies capable of accessing information on users' devices or monitoring their online behavior.
GDPR defines general framework on transparency, consent, data controller accountability and data protection by design and default.
For tracking pixels, it is necessary to obtain prior, free, specific and informed consent.
Specific exceptions provided e.g. security purposes, strictly necessary technical requirements, or institutional and service communications, always in compliance with principles of proportionality and data minimization.
Users must receive clear, transparent information, be able to withdraw consent easily.
Guidelines call on adoption of privacy measures by design and by default to reduce risk of user identifiability and limit the circulation of personal data.
Guidelines' application check is among the inspection activities planned for H2 2026.
To assist entities using tracking pixels (information society service providers or those offering publicly accessible online services, email providers, managers of mass email platforms) ITA DP has made available an information sheet (PDF) on its website.
On Apr. 21, ITA DP issued guidelines on tracking pixels in emails.
ITA DP issued guidelines on tracking pixels in emails; the aim is to strengthen transparency and user control over their data.
Summary
Guidelines clarify that tracking pixels use falls within Article 122 of the Privacy Code.
Regulates use of technologies capable of accessing information on users' devices or monitoring online behavior; use usually requires prior, free, specific, informed consent.
Specific exceptions, such as for security purposes, for strictly necessary technical requirements or for institutional and service communications may apply providing proportionality and data minimisation principles are complied with.
ITA DP also reiterates its duty to provide users with clear and transparent information and ensure simple procedures for withdrawing consent.
Particular attention given to adopting privacy measures by design and by default; this will reduce the risk of user identification and limit amount of personal data circulating.
The guidelines are aimed at information society service providers and entities offering publicly available online services as well as email providers, operators of platforms for the mass sending of emails and all entities that use tracking pixels more generally.
Parties have to comply within 6 months of guidelines being issued in official gazette.
Oct. 2026 Application Update
On Oct. 6, 2026, ITA DP updated on application of the Guidelines on Tracking Pixels.
By Oct. 29, 2026, companies, platforms, newsletters will have to adapt information, consent and opt-out systems to the Guidelines on the use of tracking pixels in emails.
Tracking pixels are tiny, transparent, virtually invisible images inserted into emails to detect their opening and collect information on user behavior.
These can be particularly invasive as often operate without recipient's full awareness.
Their use falls within scope of Art 122 Privacy Code which regulates use of technologies capable of accessing information on users' devices or monitoring their online behavior.
GDPR defines general framework on transparency, consent, data controller accountability and data protection by design and default.
For tracking pixels, it is necessary to obtain prior, free, specific and informed consent.
Specific exceptions provided e.g. security purposes, strictly necessary technical requirements, or institutional and service communications, always in compliance with principles of proportionality and data minimization.
Users must receive clear, transparent information, be able to withdraw consent easily.
Guidelines call on adoption of privacy measures by design and by default to reduce risk of user identifiability and limit the circulation of personal data.
Guidelines' application check is among the inspection activities planned for H2 2026.
To assist entities using tracking pixels (information society service providers or those offering publicly accessible online services, email providers, managers of mass email platforms) ITA DP has made available an information sheet (PDF) on its website.
