# HawkOpen — Questions and answers (English)
> Short, checked answers about email tracking, read receipts, campaigns, documents and signatures, plans, privacy and the law. Each answer says what the product does today.
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law.
URL: https://hawkopen.com/en/faq
JSON: https://hawkopen.com/en/faq.json
Checked: 2026-11-13
## Email tracking and EU law
What EU data protection authorities and rules say about tracking pixels, consent and email campaigns, and what HawkOpen does. Not legal advice.
URL: https://hawkopen.com/en/faq/legal-eu
### What do the CNIL and other EU regulators say about tracking pixels in emails?
URL: https://hawkopen.com/en/faq/legal-eu/cnil-eu-guidance-on-tracking-pixels
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
France’s CNIL treats tracking pixels in emails as trackers that generally need the recipient’s consent, with narrow exceptions. Spain’s AEPD said in 2014 that pixels in advertising emails need active consent before the first such email.
CNIL: recommendation adopted on 12 March 2026 and published on 14 April 2026. The exceptions are narrow, such as the security of authentication or the deliverability of a service the recipient ordered; ordinary reporting of interest in an offer is not one of them. A provider that runs pixels only on the sender’s behalf can act as a processor; using the data for its own purposes changes that assessment.
For addresses collected before 14 April 2026, the CNIL set special rules on informing recipients and letting them object: informing them properly in time, in principle by 14 July 2026, may allow the existing practice to continue unchanged (CNIL FAQ of 22 July 2026). This is not a general permission for new address lists.
AEPD: report 0011/2014 said that a link to a privacy policy and the absence of an objection are not valid consent for pixels in advertising emails. In the Mailtrack case (PS/00328/2022, upheld in RR/00541/2023) it sanctioned the provider of the tool.
Other national authorities, such as Italy’s Garante, are not covered by this answer, and the exceptions of one country should not be applied automatically in another. What HawkOpen does in every country: each tracked email ends with a notice and a link where the recipient can turn tracking off.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [Is email open tracking legal?](https://hawkopen.com/en/faq/recipients/is-email-open-tracking-legal), [Which exceptions to consent for email tracking pixels exist?](https://hawkopen.com/en/faq/legal-eu/consent-exceptions-for-tracking-pixels), [What do the Italian Garante guidelines on tracking pixels require?](https://hawkopen.com/en/faq/legal-eu/garante-italy-pixel-guidelines)
Checked: 2026-11-11
### Which exceptions to consent for email tracking pixels exist?
URL: https://hawkopen.com/en/faq/legal-eu/consent-exceptions-for-tracking-pixels
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
The CNIL’s 2026 recommendation allows only narrow exceptions, among them the security of authentication and the deliverability of a service the recipient asked for. Measuring interest in an offer is not one of them.
An exception covers one specific purpose. It does not stretch to sales analytics: a pixel that is needed for one purpose does not become needed for reporting who opened an offer.
The French exceptions should not be carried over automatically to other countries. In Spain, the AEPD’s report 0011/2014 calls for active consent before the first advertising email with a pixel.
This answer names only the exceptions described in the documents HawkOpen relies on. HawkOpen does not decide whether an exception applies to your emails; it adds a notice with a link to turn tracking off to every tracked email.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [What do the CNIL and other EU regulators say about tracking pixels in emails?](https://hawkopen.com/en/faq/legal-eu/cnil-eu-guidance-on-tracking-pixels), [Is legitimate interest enough for email open tracking?](https://hawkopen.com/en/faq/legal-eu/legitimate-interest-for-open-tracking)
Checked: 2026-11-11
### Does the notice in the email make my tracking GDPR compliant?
URL: https://hawkopen.com/en/faq/legal-eu/does-the-tracking-notice-replace-consent
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
No. The notice tells recipients about tracking and lets them turn it off, but it is not their consent. Where consent is required, the company that tracks must get it before the first tracked email.
Spain’s AEPD (report 0011/2014) said that information with a link to a privacy policy, plus the absence of an objection, is not enough for pixels in advertising emails: active consent is needed beforehand. A link to turn tracking off works after the fact, so it does not meet that requirement.
The legal basis for tracking, the information recipients must get and the proof of consent belong to the company that decides why and whom it tracks. HawkOpen does not promise that any particular use of tracking meets the GDPR.
What the notice does: it tells every recipient that the email contains HawkOpen tracking elements, and no setting removes it. In the Mailtrack case the AEPD looked, among other things, at how recipients were informed, and the fact that the information could be removed was one element of its assessment.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [Is email open tracking legal?](https://hawkopen.com/en/faq/recipients/is-email-open-tracking-legal), [Is an email tracking pixel GDPR compliant?](https://hawkopen.com/en/faq/legal-eu/email-tracking-pixel-and-gdpr), [Do I have to tell recipients that I track their emails?](https://hawkopen.com/en/faq/recipients/do-i-have-to-tell-recipients-about-tracking)
Checked: 2026-11-11
### Is an email tracking pixel GDPR compliant?
URL: https://hawkopen.com/en/faq/legal-eu/email-tracking-pixel-and-gdpr
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
A tracking pixel processes personal data, so the GDPR applies, and the rules on reading information from a device (ePrivacy; in Spain article 22(2) of the LSSI) apply as well. HawkOpen cannot make a pixel meet these rules by itself: the legal basis and any consent depend on the company that tracks.
The two sets of rules are assessed separately: the GDPR for processing the data, the device rules for using the pixel at all. A tracked link or a technique without cookies is not automatically outside these rules either.
Roles: the company that decides why and whom it tracks is the controller. A provider that runs the pixel only on its behalf can be a processor; a provider that uses the data for its own purposes is assessed differently, as the AEPD did in the Mailtrack case.
What HawkOpen does today: a notice in every tracked email, a recipient page where people turn tracking off, download their data or request erasure, and estimates instead of claims that someone read the email.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [Does the notice in the email make my tracking GDPR compliant?](https://hawkopen.com/en/faq/legal-eu/does-the-tracking-notice-replace-consent), [Is legitimate interest enough for email open tracking?](https://hawkopen.com/en/faq/legal-eu/legitimate-interest-for-open-tracking), [Is email open tracking legal?](https://hawkopen.com/en/faq/recipients/is-email-open-tracking-legal)
Checked: 2026-11-11
### Is legitimate interest enough for email open tracking?
URL: https://hawkopen.com/en/faq/legal-eu/legitimate-interest-for-open-tracking
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
The documents HawkOpen relies on point to consent, not legitimate interest, for tracking pixels: Spain’s AEPD and France’s CNIL call for the recipient’s prior consent, with narrow exceptions. The GDPR legal basis and the device rules are assessed separately, so a legitimate interest under the GDPR does not by itself settle the pixel question.
Two assessments: the GDPR covers processing the personal data; the device rules (ePrivacy, in Spain article 22(2) of the LSSI) cover reading information from the recipient’s device, which is what a pixel does.
The AEPD (report 0011/2014) rejected treating information plus no objection as consent for pixels in advertising emails. The CNIL’s 2026 recommendation allows only narrow exceptions, such as the security of authentication.
HawkOpen does not choose a legal basis for its customers. The company that decides why and whom to track has to assess it for each country and purpose.
Related questions: [Is an email tracking pixel GDPR compliant?](https://hawkopen.com/en/faq/legal-eu/email-tracking-pixel-and-gdpr), [Which exceptions to consent for email tracking pixels exist?](https://hawkopen.com/en/faq/legal-eu/consent-exceptions-for-tracking-pixels)
Checked: 2026-11-11
### Can I be fined for tracking emails without consent?
URL: https://hawkopen.com/en/faq/legal-eu/penalties-for-tracking-without-consent
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
Sanctions are possible. In the Mailtrack case (PS/00328/2022) Spain’s AEPD fined the provider of the tracking tool and kept the fines in place on appeal (RR/00541/2023).
The AEPD found breaches of the GDPR. Its view of the provider’s role rested on the facts of that service: its purposes, its influence on the processing and how recipients were informed. The case does not show that every paid provider is a controller, nor what happened in any later court review.
A contract does not move liability towards the authority: the AEPD’s guide on cookies says that splitting tasks between companies by contract does not transfer each party’s administrative responsibility.
This answer covers the Spanish decisions described in HawkOpen’s legal documents. It does not assess German warning letters (Abmahnungen) or sanctions in other countries.
Related questions: [What do the CNIL and other EU regulators say about tracking pixels in emails?](https://hawkopen.com/en/faq/legal-eu/cnil-eu-guidance-on-tracking-pixels), [Does the notice in the email make my tracking GDPR compliant?](https://hawkopen.com/en/faq/legal-eu/does-the-tracking-notice-replace-consent)
Checked: 2026-11-11
### Is consent to tracking separate from consent to a newsletter?
URL: https://hawkopen.com/en/faq/legal-eu/separate-consent-for-newsletter-and-tracking
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 13, 2026.
There are three different questions: whether you may send someone marketing emails, whether you may measure their opens and clicks, and on which legal basis you process their personal data. Each has its own rules, and how many statements you need depends on your purposes and the law that applies, not on one universal number.
In HawkOpen a consent records tracking only, separately for opens and for links, and for your company only; HawkOpen does not record consent to marketing emails.
The recipient’s two links are separate too. “Do not track my activity” in the tracking notice opens a page where the recipient refuses tracking by your company, and your emails keep arriving. “Do not send me messages” at the end of every email stops every further email from your company sent through HawkOpen, not only marketing.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [How can a recipient turn off HawkOpen tracking?](https://hawkopen.com/en/faq/recipients/how-can-a-recipient-turn-off-tracking), [How do I run email campaigns in line with the GDPR?](https://hawkopen.com/en/faq/legal-eu/email-campaigns-and-gdpr)
Checked: 2026-11-13
### How do I run email campaigns in line with the GDPR?
URL: https://hawkopen.com/en/faq/legal-eu/email-campaigns-and-gdpr
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
Handle two things separately: whether you may send each email, and whether you may track it. HawkOpen helps with the mechanics, such as an unsubscribe link and one-click unsubscribe headers in every campaign copy and a tracking notice, but it does not check your list or your legal basis.
Sending: in Spain, for example, article 21 of the LSSI governs commercial emails. Calling a list B2B does not on its own remove these requirements.
Tracking: the AEPD and the CNIL say that tracking pixels generally need the recipient’s prior consent. A request for consent must not be used to get around the rules on sending.
In HawkOpen every campaign recipient gets a separate copy with an unsubscribe link in the footer and List-Unsubscribe headers that allow one-click unsubscribe. Checking where the list came from and what the recipients agreed to stays with you.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [Is consent to tracking separate from consent to a newsletter?](https://hawkopen.com/en/faq/legal-eu/separate-consent-for-newsletter-and-tracking), [Is an unsubscribe link required by law?](https://hawkopen.com/en/faq/legal-eu/is-unsubscribe-link-required-by-law), [Is cold emailing legal?](https://hawkopen.com/en/faq/legal-eu/cold-emailing-legality)
Checked: 2026-11-11
### Where can I find sample consent wording for newsletters and tracking?
URL: https://hawkopen.com/en/faq/legal-eu/newsletter-consent-wording-examples
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 13, 2026.
HawkOpen does not provide consent wording for your newsletter or marketing forms. Consent to marketing, consent to tracking and the legal basis for processing data are different matters, so wording that fits one does not cover the others. For tracking, HawkOpen has its own consent form, which records consent only when the person confirms it on the page.
A consent should show what the person deliberately accepted and how. Spain’s AEPD, in its report 0011/2014 on pixels in advertising emails, said that a link to a privacy policy plus the absence of an objection is not enough.
For each tracking consent HawkOpen stores the source, the date, the purpose and the version of the information shown. Ask a qualified specialist for marketing wording that fits your country and purpose.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [Is consent to tracking separate from consent to a newsletter?](https://hawkopen.com/en/faq/legal-eu/separate-consent-for-newsletter-and-tracking), [Does the notice in the email make my tracking GDPR compliant?](https://hawkopen.com/en/faq/legal-eu/does-the-tracking-notice-replace-consent)
Checked: 2026-11-13
### Is cold emailing legal?
URL: https://hawkopen.com/en/faq/legal-eu/cold-emailing-legality
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
It depends on the country, on who the recipient is and on your relationship with them; HawkOpen does not decide this for you. Whether you may send an email and whether you may track it are two separate questions.
In Spain, for example, article 21 of the LSSI as a rule prohibits advertising emails that the recipient did not request or expressly authorise beforehand. That covers a single message, not only mass mailings. The exception for an earlier contractual relationship has its own additional conditions, and calling a contact “B2B” does not create it.
Even where you may send the email, tracking it is a separate question with its own rules. Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
HawkOpen’s terms do not allow unsolicited bulk messaging and require that you have the authority to contact your recipients. Campaign emails carry an unsubscribe link and a one-click unsubscribe header. This answer does not cover US rules such as CAN-SPAM or UK rules.
Related questions: [How do I run email campaigns in line with the GDPR?](https://hawkopen.com/en/faq/legal-eu/email-campaigns-and-gdpr), [Is it legal to collect email addresses from a directory or use email finder tools?](https://hawkopen.com/en/faq/legal-us/collecting-email-addresses-and-email-finders)
Checked: 2026-11-11
### What do the Italian Garante guidelines on tracking pixels require?
URL: https://hawkopen.com/en/faq/legal-eu/garante-italy-pixel-guidelines
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 13, 2026.
The Italian data protection authority, the Garante, has published guidelines on tracking pixels in emails. As a rule they require the recipient’s prior consent, and they describe specific, narrowly defined exceptions, for example for aggregate statistics under certain conditions. Writing the email or the notice in Italian does not by itself meet these guidelines.
Read the current guidelines in the Garante’s own publication. An exception covers only the situation the Garante describes and its conditions; do not assume that it covers personal tracking of individual recipients, such as HawkOpen’s open and click tracking.
What HawkOpen does: tracking is off until your company’s owner or an administrator switches it on, and even then a recipient without a recorded consent gets an ordinary email, without a tracking pixel and without tracked links. A tracked email ends with a notice in the language of the email, Italian included.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [What do the CNIL and other EU regulators say about tracking pixels in emails?](https://hawkopen.com/en/faq/legal-eu/cnil-eu-guidance-on-tracking-pixels), [What does the HawkOpen tracking notice at the bottom of an email say?](https://hawkopen.com/en/faq/recipients/what-does-the-tracking-notice-say)
Checked: 2026-11-13
### Is an unsubscribe link required by law?
URL: https://hawkopen.com/en/faq/legal-eu/is-unsubscribe-link-required-by-law
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 13, 2026.
It depends on the kind of message and the country. Rules on marketing messages usually require an easy way to object, for example CAN-SPAM in the United States for commercial emails, B2B ones included; purely transactional or service messages are often treated differently. Withdrawing consent to tracking is a separate matter.
What HawkOpen does: every email it sends or prepares ends with a “Do not send me messages” link in the language of the email, and emails sent from your connected mailbox carry List-Unsubscribe headers. The link does what it says: the address gets no further email from anyone in your company through HawkOpen, marketing or not; campaigns skip it and single messages to it are refused. Emails you send outside HawkOpen are not affected.
Because the link also stops service messages sent through HawkOpen, plan another channel for messages you must still deliver, such as invoices or contract notices. The link and headers alone do not show that an email meets the rules.
Withdrawing consent to tracking is a separate step: the link in the tracking notice turns tracking off without unsubscribing. Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [How do I run email campaigns in line with the GDPR?](https://hawkopen.com/en/faq/legal-eu/email-campaigns-and-gdpr), [Is consent to tracking separate from consent to a newsletter?](https://hawkopen.com/en/faq/legal-eu/separate-consent-for-newsletter-and-tracking)
Checked: 2026-11-13
### Can an email be used as evidence in court?
URL: https://hawkopen.com/en/faq/legal-eu/email-as-evidence-in-court
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
Courts decide that under the rules of each country. HawkOpen can give you an evidence report for a sent email: it records what HawkOpen’s systems observed, but it does not prove that the email reached the inbox or that anyone saw or read it.
The report lists the subject, the sender, the recipients and, for each recipient, the delivery status as far as HawkOpen knows it: for example that the recipient’s mail server accepted the message, or that it was rejected or bounced. Acceptance by a mail server is not delivery to the inbox and not proof that the recipient saw the email. Opens and clicks appear as signals with a classification, never as proof of reading.
Only the account owner can download the report. HawkOpen seals it, but the public verification page shows no details of the message (no subject, addresses or content), and for an email report it cannot confirm the seal independently: it gives the result as indeterminate, because this seal relies on a secret held by HawkOpen rather than a public key.
The report itself states its limits: pixel and link requests can come from privacy proxies, caches, scanners or bots, and it is not a qualified electronic delivery service. Keep the original email in your mailbox and ask a lawyer how evidence is assessed in your case.
Related questions: [Does an open prove that someone read my email?](https://hawkopen.com/en/faq/accuracy/does-an-open-prove-the-email-was-read), [Will an electronic signature hold up as evidence in court?](https://hawkopen.com/en/faq/esign/esign-as-evidence-in-court)
Checked: 2026-11-11
### What uses of HawkOpen do its terms allow and forbid?
URL: https://hawkopen.com/en/faq/legal-eu#what-uses-do-hawkopen-terms-allow
You must have the authority to connect your mailboxes, contact your recipients, upload material and process personal data. The terms forbid unlawful surveillance, unsolicited bulk messaging, credential theft, malware distribution and misleading claims about tracking evidence.
Campaigns send one separate copy to each recipient, with an unsubscribe link and one-click unsubscribe headers. Whether you may email or track a particular person is a separate question that these terms do not answer for you.
Related questions: [Is cold emailing legal?](https://hawkopen.com/en/faq/legal-eu/cold-emailing-legality), [May I use HawkOpen to monitor my employees’ email?](https://hawkopen.com/en/faq/legal-eu#monitoring-employees-email-with-hawkopen)
Checked: 2026-11-12
### May I use HawkOpen to monitor my employees’ email?
URL: https://hawkopen.com/en/faq/legal-eu#monitoring-employees-email-with-hawkopen
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
HawkOpen is built to measure responses to emails you send, not to watch other people’s mailboxes, and its terms forbid unlawful surveillance. The rules on monitoring employees depend on the country and the employment relationship, and this answer does not assess them.
Ask an employment or data protection adviser in your country before monitoring staff in any way.
Related questions: [What uses of HawkOpen do its terms allow and forbid?](https://hawkopen.com/en/faq/legal-eu#what-uses-do-hawkopen-terms-allow)
Checked: 2026-11-11
### Who is responsible under the GDPR for tracking: the tracking tool or the sender?
URL: https://hawkopen.com/en/faq/legal-eu#controller-or-processor-in-email-tracking
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 13, 2026.
Roles follow the real decisions and data flows, not the label in a contract. The company that decides whom it writes to, what it sends and whether it tracks usually acts as controller for that processing; a provider that runs the tracking only on its instructions can be a processor, and a provider that uses the data for its own purposes is assessed differently. Each side keeps its own legal duties.
France’s CNIL says that a pixel provider acting only for the company can be a processor. In the Mailtrack case (PS/00328/2022, upheld in RR/00541/2023) Spain’s AEPD looked at the facts of that service and sanctioned the provider. The AEPD’s cookie guide also says that splitting tasks by contract does not transfer each party’s responsibility.
In the data processing agreement that every HawkOpen customer accepts, still a draft for legal review, the customer is the controller and TriStiX S.L. the processor. HawkOpen keeps its own duties as provider and processor, and how an authority sees a particular use still depends on the facts.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [Is an email tracking pixel GDPR compliant?](https://hawkopen.com/en/faq/legal-eu/email-tracking-pixel-and-gdpr), [What must a company do when it uses an email tracking tool: privacy notice, consent, contract with the provider?](https://hawkopen.com/en/faq/legal-eu#what-must-a-company-do-when-using-a-tracking-tool), [Can I be fined for tracking emails without consent?](https://hawkopen.com/en/faq/legal-eu/penalties-for-tracking-without-consent)
Checked: 2026-11-13
### Does the GDPR apply to emails and email addresses?
URL: https://hawkopen.com/en/faq/legal-eu#does-the-gdpr-apply-to-emails
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
Often yes: an email address or message that relates to an identifiable person is personal data, and the GDPR applies to processing it. Whether a given address, such as a generic company mailbox, identifies a person depends on the case.
HawkOpen’s legal documents look at tracking rather than at email in general, so this answer gives only general information. For tracking, the GDPR and the rules on reading information from a device are assessed separately.
Related questions: [Is an email tracking pixel GDPR compliant?](https://hawkopen.com/en/faq/legal-eu/email-tracking-pixel-and-gdpr)
Checked: 2026-11-11
### Is there a B2B exception that allows open tracking without consent in the EU?
URL: https://hawkopen.com/en/faq/legal-eu#is-there-a-b2b-exception-for-email-tracking
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
The documents HawkOpen relies on name no general B2B exception for tracking pixels, and calling a contact B2B does not on its own remove the requirements. Spain’s AEPD and France’s CNIL describe prior consent as the rule for pixels, with narrow exceptions.
The CNIL’s exceptions cover narrow purposes such as the security of authentication, not measuring interest in an offer, and they should not be carried over automatically to other countries. The notice and a later opt-out do not replace consent.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [Which exceptions to consent for email tracking pixels exist?](https://hawkopen.com/en/faq/legal-eu/consent-exceptions-for-tracking-pixels), [Is cold emailing legal?](https://hawkopen.com/en/faq/legal-eu/cold-emailing-legality), [Is legitimate interest enough for email open tracking?](https://hawkopen.com/en/faq/legal-eu/legitimate-interest-for-open-tracking)
Checked: 2026-11-11
### What are the rules on email tracking in Canada and other countries outside the EU and the US?
URL: https://hawkopen.com/en/faq/legal-eu#tracking-law-outside-the-eu-and-us
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
HawkOpen’s legal documents do not cover Canada or other countries outside the EU and the US, nor every EU country, so this answer does not describe their rules. Check the rules of the country where your recipients are, or ask a local adviser.
What HawkOpen does in every country: each tracked email carries a notice and a link where the recipient can turn tracking off, and you can exclude addresses, domains or countries from tracking. The notice and a later opt-out do not replace consent.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [Can I exclude some recipients or countries from tracking?](https://hawkopen.com/en/faq/recipients#exclude-recipients-or-countries-from-tracking), [Is email open tracking legal?](https://hawkopen.com/en/faq/recipients/is-email-open-tracking-legal)
Checked: 2026-11-11
### Can I track emails sent to children or students?
URL: https://hawkopen.com/en/faq/legal-eu#tracking-emails-to-children-or-students
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 13, 2026.
It depends on the situation. Rules on children’s data apply in particular where a service is directed at children or a company knows it collects their data; in the United States, COPPA concerns certain situations involving children under 13. A student is not automatically a child. HawkOpen does not know a recipient’s age and has no special feature for minors.
In the EU the age from which a child can consent to online services alone is set by each country, between 13 and 16. This answer does not assess the rules that apply to your emails.
In HawkOpen tracking is off until your company’s owner or an administrator switches it on, and even then only recipients with a recorded consent are tracked. You can send a message or campaign without tracking, or exclude a school’s domain from tracking; where you are unsure, that is the safest choice.
Related questions: [Can I exclude some recipients or countries from tracking?](https://hawkopen.com/en/faq/recipients#exclude-recipients-or-countries-from-tracking)
Checked: 2026-11-13
### What must a company do when it uses an email tracking tool: privacy notice, consent, contract with the provider?
URL: https://hawkopen.com/en/faq/legal-eu#what-must-a-company-do-when-using-a-tracking-tool
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 13, 2026.
The company decides why and whom it tracks, so it needs a legal basis, must inform recipients and, where consent is required, must obtain it before tracking, document it and handle withdrawals. The provider has its own duties: to run the service as the contract describes, to follow the company’s instructions where it acts as processor and to secure the data. A contract under article 28 of the GDPR should match how the service really works.
Such a contract does not replace a separate assessment of data transfers outside the European Economic Area.
What HawkOpen does: tracking is off until your company’s owner or an administrator switches it on; a recipient without a recorded consent gets an email without a pixel or tracked links; each consent is recorded with its source, date, purpose and version of the information; and after a recipient withdraws, HawkOpen stores no further tracking events from that recipient, including from earlier emails. HawkOpen’s data processing agreement, accepted by every customer, is still a draft for legal review.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [Who is responsible under the GDPR for tracking: the tracking tool or the sender?](https://hawkopen.com/en/faq/legal-eu#controller-or-processor-in-email-tracking), [Can I get a data processing agreement (DPA) with HawkOpen?](https://hawkopen.com/en/faq/data-privacy#can-i-get-a-data-processing-agreement), [Does the notice in the email make my tracking GDPR compliant?](https://hawkopen.com/en/faq/legal-eu/does-the-tracking-notice-replace-consent)
Checked: 2026-11-13
### What applies to tracking emails to existing subscribers and customers?
URL: https://hawkopen.com/en/faq/legal-eu#tracking-existing-subscribers-and-customers
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
An existing relationship does not on its own settle the tracking question. France’s CNIL set special transitional rules for addresses collected before 14 April 2026: informing those recipients properly and in time, in principle by 14 July 2026, may allow an existing practice to continue unchanged; this is not a general permission for new lists.
In Spain the AEPD’s report 0011/2014, on pixels in advertising emails, called for active consent before the first email with such a pixel. Whether you may send to existing customers at all is a separate question; in Spain, article 21 of the LSSI governs it. The notice and a later opt-out do not replace consent.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [What do the CNIL and other EU regulators say about tracking pixels in emails?](https://hawkopen.com/en/faq/legal-eu/cnil-eu-guidance-on-tracking-pixels), [Is consent to tracking separate from consent to a newsletter?](https://hawkopen.com/en/faq/legal-eu/separate-consent-for-newsletter-and-tracking)
Checked: 2026-11-11
### Can HawkOpen help me with records of processing and a DPIA for email tracking?
URL: https://hawkopen.com/en/faq/legal-eu#records-of-processing-and-dpia-for-tracking
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
HawkOpen has no templates for records of processing or for a data protection impact assessment, and it does not prepare them for you. Whether your tracking needs an impact assessment is something your adviser should decide for your case.
HawkOpen’s legal model suggests keeping, for each consent, its source, date, purpose and the version of the information shown. The account owner can export the account data, which can help when you document what is processed.
Related questions: [What must a company do when it uses an email tracking tool: privacy notice, consent, contract with the provider?](https://hawkopen.com/en/faq/legal-eu#what-must-a-company-do-when-using-a-tracking-tool), [Can I export all my data from HawkOpen?](https://hawkopen.com/en/faq/data-privacy#export-my-hawkopen-data)
Checked: 2026-11-11
### Does HawkOpen give legal advice about email tracking in my country?
URL: https://hawkopen.com/en/faq/legal-eu#does-hawkopen-give-legal-advice
No. HawkOpen describes what the rules and its own legal documents say and what the product does, but it does not assess your situation. The legal basis and the required form depend on your country, purpose and recipients.
Answers that go beyond HawkOpen’s reviewed legal documents stay drafts until a lawyer has reviewed them. For your own case, ask an adviser in your country.
Related questions: [Is email open tracking legal?](https://hawkopen.com/en/faq/recipients/is-email-open-tracking-legal)
Checked: 2026-11-11
### How should consent to email tracking be obtained: checkbox, banner or privacy policy?
URL: https://hawkopen.com/en/faq/legal-eu#how-to-collect-consent-for-email-tracking
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 13, 2026.
Record what the person consciously accepted and how: the purpose, the information shown, the moment and the action they took. Opening a link, an unknown click or an automated security scanner does not prove consent. HawkOpen’s consent form records consent only when the person ticks the confirmation and presses the button on the page.
Spain’s AEPD, in its report 0011/2014 on pixels in advertising emails, said that information with a link to a privacy policy plus the absence of an objection is not enough, and asked for active acceptance before the first email with a pixel.
HawkOpen does not send consent requests for you: you pass the link to its form on yourself, or your company’s owner or an administrator records consents you collected in another way, with their source, date, purpose and version of the information. Asking for consent by email is itself a message that needs a basis under the rules on communications; in Canada and Australia such a request can itself count as a marketing message. Collecting consent on a page, for example at sign-up, or through a channel you already use lawfully, avoids that question.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [Where can I find sample consent wording for newsletters and tracking?](https://hawkopen.com/en/faq/legal-eu/newsletter-consent-wording-examples), [Does the notice in the email make my tracking GDPR compliant?](https://hawkopen.com/en/faq/legal-eu/does-the-tracking-notice-replace-consent)
Checked: 2026-11-13
### Under Brazil’s LGPD, can I send marketing email on legitimate interest, or do I need opt-in?
URL: https://hawkopen.com/en/faq/legal-eu#lgpd-brazil-marketing-email-and-tracking
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
HawkOpen’s legal documents do not cover Brazilian law, so this answer does not assess the LGPD. Check the guidance of Brazil’s data protection authority (ANPD) or ask an adviser in Brazil.
Whether you may send an email and whether you may track it are two separate questions in every country. HawkOpen adds a notice with a link to turn tracking off to every tracked email, in Brazil too. The notice and a later opt-out do not replace consent.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [What are the rules on email tracking in Canada and other countries outside the EU and the US?](https://hawkopen.com/en/faq/legal-eu#tracking-law-outside-the-eu-and-us)
Checked: 2026-11-11
### Can I be fined for sending a mass email without BCC?
URL: https://hawkopen.com/en/faq/legal-eu#fines-for-mass-email-without-bcc
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
Showing many people’s addresses to each other can be a data protection problem; whether it leads to a fine depends on the country and the case, and HawkOpen’s legal documents do not cover it. HawkOpen campaigns avoid the issue: each recipient gets a separate copy and sees only their own address.
The browser extension tracks emails with one recipient; for several people use a campaign, which sends one copy per recipient.
Related questions: [How do I send the same email to many people separately instead of using BCC?](https://hawkopen.com/en/faq/campaigns/send-the-same-email-to-many-people-separately)
Checked: 2026-11-12
### How many consents do I need to run a newsletter in Poland?
URL: https://hawkopen.com/en/faq/legal-eu#how-many-consents-for-a-newsletter-in-poland
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 13, 2026.
There is no one universal number. In Poland, sending marketing by email, measuring opens and clicks, and processing personal data are governed by different rules, and how many statements you need depends on your purposes and the law that applies. This answer does not count them for your case.
Check current Polish guidance or ask a qualified specialist in Poland. HawkOpen has no newsletter sign-up forms; its own consent form covers tracking only, separately for opens and links.
Every email HawkOpen sends ends with “Do not send me messages”, which stops every further email from your company sent through HawkOpen; tracked emails also carry a separate notice about tracking.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [Is consent to tracking separate from consent to a newsletter?](https://hawkopen.com/en/faq/legal-eu/separate-consent-for-newsletter-and-tracking), [How should consent to email tracking be obtained: checkbox, banner or privacy policy?](https://hawkopen.com/en/faq/legal-eu#how-to-collect-consent-for-email-tracking)
Checked: 2026-11-13
### Tracking tools say they are GDPR compliant: is that true?
URL: https://hawkopen.com/en/faq/legal-eu#are-gdpr-claims-of-tracking-tools-true
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
A tool alone cannot make your tracking meet the GDPR: that depends on your purpose, your legal basis, the information you give and, where required, the recipient’s prior consent. HawkOpen makes no such promise; it says what it does.
HawkOpen’s legal model recommends asking a lawyer to assess concrete materials, such as the activation screen, the real email, a consent record and the data flows, rather than seeking a general assurance that a program meets the GDPR. What HawkOpen does today: a notice in every tracked email, a recipient page for turning tracking off, data download and erasure, and estimates instead of claims that someone read an email. The notice and a later opt-out do not replace consent.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [Is an email tracking pixel GDPR compliant?](https://hawkopen.com/en/faq/legal-eu/email-tracking-pixel-and-gdpr), [Does the notice in the email make my tracking GDPR compliant?](https://hawkopen.com/en/faq/legal-eu/does-the-tracking-notice-replace-consent)
Checked: 2026-11-11
### Can I get consent by sending a privacy notice email that adds people to my list when they click a link?
URL: https://hawkopen.com/en/faq/legal-eu#consent-by-clicking-a-link-in-a-privacy-email
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 13, 2026.
A click alone is weak proof. Security scanners and link previews open links in emails automatically, and a person may click without knowing what they agree to, so record what the person consciously accepted and how. The email that asks for consent also needs its own basis under the rules on communications.
HawkOpen classifies clicks from security vendors’ networks as machine clicks. Its own consent form for tracking also opens from a link, but opening it records nothing: consent is recorded only when the person ticks the confirmation box and presses the button, and it covers tracking by your company only.
Whether such a process is enough to add someone to a mailing list depends on the law that applies; this answer does not decide it.
Related questions: [How should consent to email tracking be obtained: checkbox, banner or privacy policy?](https://hawkopen.com/en/faq/legal-eu#how-to-collect-consent-for-email-tracking)
Checked: 2026-11-13
### Does the GDPR treat transactional emails differently from marketing emails?
URL: https://hawkopen.com/en/faq/legal-eu#transactional-and-marketing-emails-under-gdpr
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 13, 2026.
Yes, the difference matters, mostly under the rules on electronic communications rather than the GDPR itself: marketing emails often need consent or a specific exception, while messages needed to perform a contract or provide a service usually rest on another basis. Whether you may track an email is a separate question for both kinds, and the rules differ by country.
In HawkOpen tracking is off until your company’s owner or an administrator switches it on, for the whole account or only for selected messages, and a message or campaign can be sent without tracking.
The “Do not send me messages” line at the end of every email stops all further email from your company through HawkOpen, service messages included, so it is not limited to marketing.
Related questions: [How do I run email campaigns in line with the GDPR?](https://hawkopen.com/en/faq/legal-eu/email-campaigns-and-gdpr)
Checked: 2026-11-13
### Does HawkOpen automatically switch off tracking for recipients in the EU?
URL: https://hawkopen.com/en/faq/legal-eu#does-hawkopen-turn-off-tracking-for-eu-recipients
No. HawkOpen does not detect where a recipient is and does not switch tracking off by region on its own; it applies the same rule everywhere: a recipient is tracked only when your company has recorded their consent. You can also exclude countries yourself: HawkOpen recognises them only by the address ending, such as .de or .fr.
Addresses such as @gmail.com or .com have no country, so add them as addresses or domains. HawkOpen’s legal model advises against locating recipients by tracking them first. The notice and a later opt-out do not replace consent.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [Can I exclude some recipients or countries from tracking?](https://hawkopen.com/en/faq/recipients#exclude-recipients-or-countries-from-tracking), [Is email open tracking legal?](https://hawkopen.com/en/faq/recipients/is-email-open-tracking-legal)
Checked: 2026-11-12
### How do I resubscribe a contact who unsubscribed?
URL: https://hawkopen.com/en/faq/legal-eu#resubscribe-a-contact-who-unsubscribed
HawkOpen has no option for that: once an address unsubscribes, for example through the “Do not send me messages” link, HawkOpen sends it no further messages from anyone in your company, neither campaigns nor single emails.
Stopping messages is a different choice from refusing tracking, and HawkOpen keeps the two apart.
Related questions: [Is consent to tracking separate from consent to a newsletter?](https://hawkopen.com/en/faq/legal-eu/separate-consent-for-newsletter-and-tracking), [Is it safe to click “unsubscribe” in an email?](https://hawkopen.com/en/faq/recipients#is-it-safe-to-click-unsubscribe)
Checked: 2026-11-12
### What is the soft opt-in rule for email marketing?
URL: https://hawkopen.com/en/faq/legal-eu#soft-opt-in-email-marketing
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 13, 2026.
Some countries allow marketing emails to existing customers without new consent under strict conditions, for example the UK soft opt-in and article 21 of Spain’s LSSI: your own similar products or services, contact details obtained in a sale, and an easy way to object when the details are collected and in every message. The conditions differ by country, and a B2B label alone does not create the exception.
Even where an email may be sent, tracking it is a separate question. HawkOpen has no soft opt-in feature and does not decide whether you may send; it records consent to tracking only, and it tracks a recipient only when that consent is recorded.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [Is cold emailing legal?](https://hawkopen.com/en/faq/legal-eu/cold-emailing-legality), [Is consent to tracking separate from consent to a newsletter?](https://hawkopen.com/en/faq/legal-eu/separate-consent-for-newsletter-and-tracking)
Checked: 2026-11-13
### What is the difference between explicit and implicit consent for emails and tracking?
URL: https://hawkopen.com/en/faq/legal-eu#explicit-and-implicit-consent-for-email
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
For tracking pixels, the documents HawkOpen relies on point to active consent: Spain’s AEPD (report 0011/2014, on pixels in advertising emails) said that a link to a privacy policy plus no objection is not enough. Silence or simply keeping a subscription is therefore a weak basis for pixel tracking.
Definitions for sending marketing emails can differ by country, and this answer covers only tracking. The notice and a later opt-out do not replace consent.
Where rules that require consent apply, tracking may start only after that consent has been obtained. The link in the message lets the recipient withdraw consent later.
Related questions: [How should consent to email tracking be obtained: checkbox, banner or privacy policy?](https://hawkopen.com/en/faq/legal-eu#how-to-collect-consent-for-email-tracking), [Does the notice in the email make my tracking GDPR compliant?](https://hawkopen.com/en/faq/legal-eu/does-the-tracking-notice-replace-consent)
Checked: 2026-11-11
### What is double opt-in, and do I need it?
URL: https://hawkopen.com/en/faq/legal-eu#double-opt-in-meaning-and-need
> This information is general and concerns the features of HawkOpen (TriStiX S.L.). It is not individual legal advice or an assessment of whether a specific campaign or document complies with the law. Customers make their own decisions about their activities and, where needed, consult a qualified specialist. This does not limit any rights they have under mandatory law. Last reviewed: November 11, 2026.
Double opt-in means a person signs up and then confirms through a link sent to their address, which helps show that the address owner really agreed. Whether it is required depends on the country and the practice of its authorities and courts; HawkOpen’s legal documents do not cover it, and HawkOpen has no double opt-in feature.
HawkOpen campaigns go to the recipients you add, so collecting and documenting their agreement stays with you. A confirmation link can also be clicked by a security scanner, so a confirmation needs a deliberate step on a page.
Related questions: [How should consent to email tracking be obtained: checkbox, banner or privacy policy?](https://hawkopen.com/en/faq/legal-eu#how-to-collect-consent-for-email-tracking), [How many consents do I need to run a newsletter in Poland?](https://hawkopen.com/en/faq/legal-eu#how-many-consents-for-a-newsletter-in-poland)
Checked: 2026-11-11