Skip to main content

Can you get fined for using open tracking?

Fines are possible but uncommon for open tracking alone. Regulators typically pursue cases involving broader violations: no consent mechanism, deceptive practices, ignoring opt-out requests, or collecting excessive data. Simple open tracking with proper disclosure rarely triggers enforcement.

**GDPR** fines require demonstrable harm or egregious violations. A transparent privacy policy mentioning email analytics, combined with easy unsubscribe options, generally provides adequate protection for standard open tracking practices.

More likely risks: class action lawsuits in jurisdictions with private right of action (like **CCPA**), reputational damage if practices seem creepy to subscribers, and deliverability harm if aggressive tracking triggers spam complaints. Technical compliance matters, but so does recipient perception.