The EU Just Made Email Tracking Illegal (Sort Of)

Every time you open a marketing email, invisible tracking pixels may be reporting your activity back to senders. They know when you opened it, where you were, what device you used, and sometimes even how many times you returned to read it. For years, this surveillance happened silently and without your consent.

Now, EU regulators are finally taking action. The French data protection authority (CNIL) has proposed new rules that could fundamentally change how email tracking works, and the implications for Gmail users are significant.

The Double Consent Requirement

In June 2025, CNIL launched a public consultation on draft recommendations that would require marketers to obtain two separate consents from email recipients: one consent for receiving marketing emails, and a second, independent consent specifically for tracking pixel monitoring.

This is a major shift. Currently, most companies assume that subscribing to their newsletter also grants permission to track your email behavior. Under the proposed rules, that assumption would be illegal. Each type of data collection requires its own explicit opt in.

The recommendations also require that withdrawal of consent be immediate and retroactive. If you revoke permission, companies must stop tracking even on emails they sent you previously. This presents significant technical challenges for organizations that have built their marketing infrastructure around persistent surveillance.

The Google Fine That Changed Everything

These proposals didn't emerge in a vacuum. In September 2025, CNIL issued a landmark fine of 325 million euros against Google for displaying ads in Gmail without proper consent and employing manipulative consent rejection processes.

This enforcement action sent a clear message: regulators are serious about email privacy violations. The fine specifically targeted how Google handled consent within Gmail, making it directly relevant to every Gmail user. If the world's largest email platform can face such penalties, smaller organizations tracking your emails are certainly on notice.

What GDPR Actually Requires

Under GDPR and the ePrivacy Directive, valid consent must be:

• Freely given: You cannot be forced or pressured into agreeing
• Specific: Blanket permissions covering multiple activities are invalid
• Informed: You must understand exactly what you're agreeing to
• Unambiguous: Silence or pre checked boxes do not count as consent

Most email tracking today violates these requirements. When did you last receive a clear request to consent specifically to tracking pixels in your emails? For most people, the answer is never.

The Timeline for Change

CNIL's public consultation closed in July 2025, with final recommendations expected later in the year. A revised draft recommendation is anticipated in early 2026 based on stakeholder feedback.

However, CNIL has emphasized that organizations should not wait for final guidance. The consent requirements for email tracking have technically been in force since GDPR took effect in 2018. The new recommendations simply clarify how existing law applies to tracking pixels.

The authority has indicated it will likely be lenient during the first few months of enforcement, initially issuing reminders rather than fines. But organizations effectively have until January 2026 to achieve compliance.

Why Wait for Regulations When You Can Protect Yourself Now

While these regulatory developments are encouraging, they take time to implement and enforce. Meanwhile, your inbox remains vulnerable. Over 50 commercial email tracking services currently operate in enterprise markets, and most emails from retailers, recruiters, and even colleagues may contain hidden pixels.

Gblock offers immediate protection without waiting for companies to comply with new regulations. By blocking tracking pixels at the browser level, Gblock prevents surveillance before it can occur. You don't need to hope that senders will respect your privacy. You can enforce it yourself.

The extension also blocks click tracking links, which the CNIL recommendations treat similarly to pixels. Every customized hyperlink designed to monitor your behavior falls under the same consent requirements, and Gblock neutralizes them automatically.

Taking Control of Your Email Privacy

The EU's crackdown on email tracking represents a significant victory for privacy advocates. But regulatory protection always lags behind technology. Companies have been tracking your emails for years before regulators caught up, and enforcement will take years more.

Privacy conscious Gmail users don't need to wait. Tools like Gblock put control back in your hands, blocking trackers in real time and ensuring that your email habits remain your own business. Whether or not you're in the EU, whether or not companies comply with the new rules, you can protect yourself today.

Don't wait for regulations to catch up. Take control of your inbox privacy now.