Overview
French and Italian data protection authorities have issued guidance concerning the use of tracking pixels in emails.
A tracking pixel is a small, normally invisible image included in an email. When the image is loaded, it can allow the sender to determine whether the email was opened and may also collect technical information such as the time of opening, IP address or device information.
Under the guidance, tracking an individual recipient’s email opening generally requires the recipient’s prior, informed consent. Limited exceptions may apply, for example where tracking is strictly necessary for security, delivery of a requested service or certain anonymised and aggregated statistical purposes.
How this affects Loopon surveys
Loopon surveys may include an email tracking pixel used to register whether a survey invitation has been opened.
To help customers comply with the French and Italian requirements, Loopon may disable recipient-level email open tracking when available information indicates that the recipient is located in France or Italy.
This may include signals such as:
- The recipient’s email address or domain information
- Country information supplied in guest or background data
- The selected language of the survey or email
- Other country-related configuration associated with the distribution
Because language and email-domain information do not always establish where a recipient is located, customers remain responsible for ensuring that their survey configuration and use of tracking comply with the laws applicable to their organisation and recipients.
What changes when open tracking is disabled?
The survey invitation will still be delivered as normal. However:
- The email will not contain the recipient-level tracking pixel
- An email opening may not be registered in Loopon
- Open-rate statistics may therefore be lower or unavailable for affected recipients
- Survey responses and other active actions taken by the recipient can still be registered
An answer submitted through an NPS question or survey is an intentional action by the recipient and is different from invisible email-open tracking.
Other tracking methods, including tracked links, may be subject to separate privacy requirements depending on how they are implemented and used.
What customers should do
Customers sending surveys to recipients in France or Italy should:
- Review whether they have obtained valid consent for recipient-level email open tracking.
- Ensure their privacy notice clearly explains any email tracking being used.
- Supply accurate country information in guest or background data where possible.
- Review survey languages and distribution settings before sending.
- Avoid relying solely on an email domain or language to determine a recipient’s country.
- Consult their data protection officer or legal adviser regarding their specific use case.
Does this affect survey responses?
Disabling the email tracking pixel does not prevent recipients from answering a survey.
Survey responses, including an NPS rating included in an email, result from an active choice by the recipient rather than the hidden loading of a tracking pixel. Customers must nevertheless ensure that the collection and processing of survey responses comply with applicable privacy and data protection requirements.
Who is responsible for compliance?
Loopon provides technical functionality intended to help customers configure their survey communications appropriately.
Each customer remains responsible for determining:
- Which laws apply to its communications
- Whether consent is required
- Whether valid consent has been obtained
- What information must be provided to recipients
- How survey and tracking data may be used and retained
This article provides general product information and does not constitute legal advice.
Need assistance?
Contact Loopon Support if you need help reviewing your survey distribution settings or understanding whether email open tracking is enabled for a particular survey.