Update 1 October 2019 the CJEU held today and as expected found such agreements to be invalid. Update 21 March 2019. Szpunar AG opined today and suggests there is no such valid consent. Update 14 November 2018 Hearing took place yesterday – Opinion AG scheduled for 28 February 2019.
A quick flag to those of you following consumer protection and the Directive (2002/58) on privacy and electronic communications. In Case C-673/17 Planet49 the Court of Justice is being asked to clarify to what extent a website which pre-ticks boxes in general terms and conditions (here: to share relevant personal data) is compatible with relevant EU laws.
File of the case here (in Dutch only).