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The part of GDPR that covers this in depth is Recital 32.

https://gdpr-info.eu/recitals/no-32/

There's a lot of detail, but the most important part is this: "...inactivity should not therefore constitute consent."

While I'm not sure there's an EU-wide ruling, the Greek DPA has specifically called out the "Consent" option being more visually prominent than the "Not Consent" option. They also mention the anti-pattern of bugging for consent daily but not bugging for un-consent afterwards, but that probably runs more afoul of "consent must be as easy to withdraw as to give" rather than "freely given."



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