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GDPR and email tracking: What you need to know

A plain-English guide to staying compliant when tracking email opens in Europe.

Privacy
LT
Legal TeamJune 14, 2026 · 7 min read

Is email tracking legal under GDPR?

Yes, with conditions. Email tracking is a form of data processing — specifically, processing the fact that a recipient opened a message at a given time on a given device. GDPR requires a lawful basis for that processing.

For most business email, legitimate interest is the applicable basis. You have a genuine business reason to know whether your email was received and read.

Transparency is your best protection

The safest approach is to be transparent about tracking. MailSeen's free plan includes a visible signature that notifies recipients the email is tracked. This disclosure reduces compliance risk significantly.

If you use the invisible tracker (Pro), mention email tracking in your privacy policy and ensure it covers your business email practices.

What MailSeen does with your data

MailSeen only records open events for messages you send. We never read email content and never share your data with third parties. Our infrastructure is EU-hosted and GDPR-compliant.

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