December 5th, 2018

The Email Client Monitor Pixel

We combined our current two pixels into one pixel: The Email Client Monitor Pixel. We transferred the GDPR friendly part of the device pixel data into the engagement pixel, so there is only one pixel you need to use in your emails. This pixel collects engagement data, as well as collects and displays device data. Your current location and engagement pixel is the one that can be used for all Email Client Monitor data beginning August 30th, 2018. 

• All data collected in one pixel, The Email Client Monitor Pixel, is GDPR-friendly.

Please note that you need to ensure you have obtained recipient consent in order to do any type of subscriber behavior-based tracking, including any pixel tracking service. If you are unsure whether or not you have appropriate consent from your European Economic Area (EEA) subscribers, you should consult your legal counsel to confirm your use.

Background  

Effective May 25, 2018, the General Data Protection Regulation (GDPR) will replace the Data Protection Directive 95/46/EC. Many companies have already adopted privacy processes and procedures consistent with the Directive, however, the GDPR puts many new consent and notice obligations on commercial senders regarding their email-sending practices.

One GDPR obligation is related to a sender’s use of email campaign tracking, like our Email Client Monitor pixel.

Return Path’s Email Client Monitor product, like other widely-used platforms, tracks subscriber activity through a clear 1x1 tracking pixel. The tracking pixel captures information about recipients such as:

• General email client version
• Date and time of open
• Dwell time
• IP address
  • This tells us the recipient’s city-level geolocation. For example, Los Angeles, London, and Tokyo.
• Latitude and longitude coordinates
  • These coordinates are generic to the postal code, not the exact location of the individual who opened the email.  
    

Email Client Monitor and GDPR impact

The current Email Client Monitor location pixel tracks subscribers by IP address, which means EU senders using this pixel may fall within the scope of GDPR enforcement. An email recipient’s IP address is considered personal data by the GDPR.

To help the industry prepare and adopt the new GDPR guidelines, the European Commission released helpful guidance, some of which details the use of behavioral tracking technology.

Here’s a more detailed description of this information from GDPReu.org:

“On May 11, 2017, Dr. Sonja Branskat of Germany’s Federal Commissioner for Data Protection and Information Freedom cited the Working Party 29 Opinion 2/2006, and stated that:  “[A user of email tracking] will have to get consent according to article 6, 7 and maybe 8, if children are concerned, of the GDPR.”

What does this information mean for Return Path and you?

Starting May 25, 2018, if you operate in the European Economic Area (EEA) or send to anyone within the EAA, you need to be especially careful about how you use campaign tracking technology such as Email Client Monitor.

Need more?

If you have any other privacy or GDPR-related questions or concerns, please contact us at privacy@returnpath.com