Do UK PECR rules and ICO guidance require consent for tracking pixels in emails?

Related questions

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More in this topic

• How do I request a read receipt in GMX, WEB.DE or T-Online Mail, and why does none arrive?

  In the GMX and WEB.DE web mailers you tick Read receipt under Options while writing the email; in their Android apps it is in the three-dot menu. A receipt comes back only if the recipient’s program supports it and the recipient agrees, so many emails never get one.

• How do I make Outlook request a read receipt for every email?

  Only classic Outlook for Windows has a setting for all emails: File, Options, Mail, then tick the read receipt box under Tracking. In the new Outlook and Outlook on the web, Microsoft describes the request only for one email at a time, in the Options tab of a new message.

• Where is the read receipt option in the new Outlook and in the Outlook mobile app?

  In the new Outlook, open a new email, go to the Options tab and tick Request a Read Receipt in the Tracking group; if you do not see it, choose More options at the end of the ribbon. Microsoft’s guide to read receipts does not describe the option for the Outlook app on iPhone or Android.

• What happens to a read receipt if the recipient deletes my email unread?

  The read-receipt standard (RFC 8098) lets the recipient’s program report that a message was deleted, and says the recipient may or may not have seen it. Whether such a notice is sent depends on that program and its settings; often nothing arrives at all.

• Does email open tracking in Germany need consent under § 25 TDDDG?

  § 25 TDDDG allows storing information on a user’s device, or accessing information stored there, only with consent based on clear and comprehensive information, unless one of two narrow exceptions applies. The European Data Protection Board says the EU rule behind it, Article 5(3) of the ePrivacy Directive, applies to tracking pixels in emails.

• Is a read receipt proof under German law that an email was received?

  Under § 130 BGB a declaration made to someone who is not present takes effect when it reaches them, so the law looks at receipt, not reading. A read receipt can be one piece of evidence that an email arrived; how much it proves is for the court, which weighs all the evidence according to its free conviction (§ 286 ZPO).

• Read receipts and data protection: can a sender get one without the recipient’s agreement?

  A read receipt is sent by the recipient’s own mail program, and the standard behind it recommends asking the recipient first and sending nothing by default; the recipient can decline. A tracking pixel is different: it reports a request for an image without the recipient doing anything, and rules on access to the recipient’s device, such as § 25 TDDDG, are discussed for pixels.

• How do I request a read receipt in Orange, SFR, Free or laposte.net mail, and why does it not work?

  In Mail Orange you choose the read-receipt option while writing the email, and Orange says you get a receipt only if the recipient agrees to send it. For SFR Mail, Free webmail and laposte.net, look in the options of a new email or in the provider’s help; the same limit applies everywhere.

• Do Yahoo Mail, AOL Mail and Xfinity (Comcast) email have read receipts?

  Yahoo says Yahoo Mail has no read-receipt feature, so you cannot request one there. For AOL Mail and Xfinity (Comcast) email, check the provider’s help; wherever the option exists, a receipt arrives only if the recipient’s program supports it and the recipient agrees.

• What does email tracking mean in Dynamics 365, and does it show opens?

  In the Dynamics 365 App for Outlook, tracking an email means saving a copy of it as an activity in Dynamics 365, optionally linked to a record (Set Regarding); it says nothing about opens. Opens are a separate Dynamics 365 Sales feature, email engagement, which an administrator has to turn on.

• Do US state privacy laws such as the CCPA limit email open tracking, and when is tracking data sold or shared?

  The CCPA gives California residents the right to opt out of the sale or sharing of their personal information, and the California Privacy Protection Agency links sharing to cross-context behavioral advertising. Whether your use of open data counts as a sale or sharing depends on who receives it and why; HawkOpen does not assess that for you.

• Can I get read receipts with BT Email, Sky Mail or Virgin Media Mail?

  Whether BT Email, Sky Mail or Virgin Media Mail lets you request a read receipt is up to each provider, so check its help pages. Even where the option exists, a receipt arrives only if the recipient’s program supports it and the recipient agrees.

• How do I enable, request or turn off read receipts in Zoho Mail?

  In Zoho Mail you can ask for a receipt on one email (More options, then Ask receipt while writing) or on every outgoing email (Settings, Compose, Read receipt). The recipient decides whether to answer, so you get nothing if they decline, even if they read the email.

• Is email tracking allowed in India, and does the DPDP Act require consent?

  India’s Digital Personal Data Protection Act, 2023 allows processing personal data for a lawful purpose with the person’s consent or for certain legitimate uses listed in the Act. Its provisions and rules enter into force in stages set by government notification, so not every duty applies from the same date. Whether open tracking needs consent in your case, HawkOpen does not assess.

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