So that's an interesting thing that's come up in the European Union, where the "constitution"/"bill of rights"[1] mandates "consent" for processing of personal data, namely does one of those click though I Agree things count as "informed consent".
Let's be honest, vast majority of people aren't actually consenting to things that are in the contract.
[1] For political reasons there is no "European Union Constitution". However there is the "Charter of Fundamental Rights of the European Union" which is sorta a "Bill of rights"