France and Italy now require separate consent before a tracking pixel can record whether a subscriber opened an email. This article explains what changed, how it affects your Klaviyo email open tracking, and how Alia's popups can support your compliance efforts.

💡 Note: This article is for general informational purposes and isn't legal advice. As the sender, you remain responsible for your own compliance. Work with your legal or privacy team to confirm how these requirements apply to your program.

What's changing

Klaviyo uses a tracking pixel, a tiny invisible image, to record whether and when a subscriber opens an email. In 2026, regulators in France and Italy published guidance confirming that this type of tracking needs its own consent, separate from a subscriber's consent to receive marketing emails.

France: the CNIL, France's data protection authority, published its recommendation on tracking pixels in email on April 14, 2026. The transition period for existing contacts ended on July 14, 2026.
Italy: the Garante, Italy's data protection authority, adopted its guidelines (Provision No. 284) on April 17, 2026. Senders had until October 29, 2026 to comply.

Both regulators agree on the core principle: a subscriber can agree to receive your emails while declining to have their opens tracked, and you have to honor that choice. Withdrawing tracking consent also has to be as easy as giving it.

What you need to do

There are 3 steps to set up a popup for France or Italy:

Create a separate popup for France or Italy using Alia's region targeting.
Add a separate checkbox so subscribers can choose whether to allow open tracking when they sign up.
Turn on Disable email open tracking for that popup, if you send email through Klaviyo.

Each step is explained below.

How to create a popup for a specific region

Instead of changing your main popup for every subscriber, create a popup that only shows to visitors in a specific country. This lets you add the checkbox and copy that country needs without changing the experience for subscribers elsewhere.

Create a new popup and set its region targeting to France, Italy, or any other country that introduces similar requirements.
Update the popup's copy for that country, for example with French or Italian consent language.
Keep your default popup targeting everyone outside the countries you've created dedicated popups for, so subscribers elsewhere aren't affected.

Set up the regional popup before you add the checkbox in Step 2. The checkbox and its copy belong on the regional popup, not on your default popup.

How to add a separate tracking consent checkbox

On each France or Italy popup, add a checkbox for tracking consent that's separate from your marketing opt-in checkbox. Subscribers need to be able to agree to receive your emails while declining open tracking.

Add a second checkbox, separate from "I agree to receive marketing emails," for tracking consent. For example: "Allow tracking for these purposes."
Add a short explanation of why you track opens, for example to measure engagement and improve your subject lines and content.
In France, the 2 checkboxes must always be separate. Italy allows a single consent only when the purposes are the same. When in doubt, keep them separate there too.
Give subscribers a way to withdraw tracking consent that's as easy as giving it, such as a Manage preferences link in your email footer, separate from Unsubscribe.

How to turn off open tracking for a regional popup

If you send email through Klaviyo, the Disable email open tracking setting tells Klaviyo not to track opens for people who subscribe through that popup.

💡 Note: If you don't see Disable email open tracking, your store may be using an older Klaviyo connection. Go to Integrations, disconnect Klaviyo, then connect it again.

Open your France or Italy popup in the popup editor.
In the right sidebar, select the Integration settings tab.
Open Klaviyo settings, then open Advanced.
Select Disable email open tracking.
Publish your popup.

When this setting is on, Alia sets everyone who subscribes through that popup as opted out of open tracking in Klaviyo. According to Klaviyo's documentation, their opens aren't recorded.

💡 Note: This setting applies to every subscriber from the popup, whether or not they check your tracking consent checkbox. For subscribers who agree to open tracking, update their open tracking consent in Klaviyo. See Klaviyo's guide to managing your open tracking settings.

💡 Tip: To turn off open tracking for every popup at once, go to Integrations and select Edit on the Klaviyo card. Open Advanced, select Disable email open tracking, then select Save. A popup's own setting overrides the store-wide one.

This setting only affects new sign-ups through that popup. It doesn't change tracking for subscribers you already have. For existing France or Italy subscribers, plan a separate notice or re-consent email with your legal or privacy team.

As more countries introduce similar requirements, you can repeat this pattern: a region-targeted popup with the settings and copy that country needs, alongside your default popup.

Frequently asked questions

Does this affect subscribers outside France and Italy?

The guidance comes from the French and Italian regulators, but it interprets EU-wide ePrivacy and GDPR consent rules, so other European regulators may take a similar approach. Some senders apply the same practice to their whole audience. Review the guidance with your legal or privacy team to decide the right scope for your program. Alia supports region-targeted popups for any country that needs its own setup.

Does a subscriber who declines tracking still get my emails?

Yes. Consent to receive emails and consent to open tracking are separate. A subscriber can decline open tracking and still receive your marketing emails as usual.

Does this replace my existing marketing consent checkbox?

No. Keep your marketing consent checkbox and add the tracking consent checkbox alongside it. In France, the 2 must be separate.

What happens if I don't turn on Disable email open tracking?

If the setting is off for the popup and in your store-wide Klaviyo settings, Alia doesn't change open tracking for subscribers from that popup. Klaviyo records their opens based on your Klaviyo account settings.

Can subscribers change their mind later?

Yes, and both regulators require it. Make sure your emails to French and Italian subscribers include a clear way to update tracking preferences, such as a Manage preferences link in the footer, separate from Unsubscribe.

Where can I read the regulations directly?

The CNIL has published an official English translation of its recommendation, and the Garante's guidelines are on its official site. Both are linked below. Your legal or privacy team can tell you how they apply to your program.

Email open tracking and France/Italy consent compliance