A cookie can recognise the same browser across many visits and websites. A pixel in an email works differently: the address of the image is unique to one recipient’s copy, so the request itself says which message was opened. HawkOpen records the time and technical details of that request and gives it a category.
For the law, the difference is smaller than it looks. The legal analysis HawkOpen works from notes that, according to the European Data Protection Board’s guidelines on the technical scope of the ePrivacy rules, a tracked link or a solution without cookies is not automatically outside the assessment of tracking technologies. In a 2014 report, the Spanish data protection authority also treated pixels in advertising emails as needing prior consent. Not using cookies therefore does not by itself settle whether consent or information is needed.