True that the European user should be able to opt-out just from tracking. Our platform MailUp (ESP) is handling this in the preference center (that can be customized). Here is a sample: https://updates.mailup.com/frontend/preferencecenter/363734/...
Especially all the "by continuing to use our site, you'll agree to getting the shit tracked out of you"-messages are highly illegal, because the GDPR requires explicit consent.
Sadly there have been no big legal cases up till now. But the time will come.
No, and if that's how it's implemented by you then you're breaking the rules here. It should be opt-in. And yes, I know that at that point you could probably just delete the tracking. If that breaks your business model, all I have to say to you is bye.