Absent something like a component of the GDPR, I'd highly doubt the judiciary in any country is going to originate a major civil right.
The correct place ELA / T&A consent should be defined is in something like the GDPR -- along with strict requirements as to what standard of consumer free choice is required for it to be enforceable.
The correct place ELA / T&A consent should be defined is in something like the GDPR -- along with strict requirements as to what standard of consumer free choice is required for it to be enforceable.