Email Open Tracking Needs Consent in the UK. Here Is What to Check
Most email tools track opens and clicks by default. In the UK, that tracking has rules most small businesses never check.
The ICO, the UK data regulator, says tracking pixels fall under PECR’s rules on storage and access technologies. Those are the same rules that cover cookies. In short, consent applies unless an exception fits.
The email marketing rules and the tracking rules are separate. You can have permission to send an email and still need consent to track it. The ICO allows limited exceptions, so check how they apply to you.
What changed this month
On October 14, Klaviyo added a way to collect explicit email tracking consent in sign-up forms. It also stores click-tracking consent separately from email subscription consent. As a result, changing a person’s tracking status does not unsubscribe them.
Klaviyo says the change helps businesses keep measuring engagement within EU privacy rules.
What to check this week
- Find out whether your email tool tracks opens and clicks by default.
- Read your sign-up form, because it should explain tracking and ask for consent.
- Ask what you use open data for, since many businesses never act on it.
- Turn tracking off for people who have not consented, if your tool allows it.
- Keep a record of when and how each person agreed.
Open rates are also a weak signal, because some mail apps load images automatically. Clicks and sales tell you more. For the wider plan, see why your email and social media need one plan.
This post covers UK rules. US and Canadian rules differ, as in our post on state privacy laws. It is not legal advice, so confirm your setup with an adviser.
FAQ
Do I need consent to track email opens in the UK?
Often yes. The ICO treats tracking pixels as storage and access technologies, so consent applies unless an exception covers your use.
Does this apply to click tracking too?
Rules on link tracking are less clear. Klaviyo now treats click tracking as its own consent, so asking is the safer choice.
Related: Meta now charges for organic links.
Related: how to get your Black Friday emails into the inbox.
Getting started
Zavix Media manages email marketing, including consent wording, tool settings, and clean lists. Book a Free Call, and we will review your tracking setup.