§66 on page 20 of Directive 2009/136/EC at [1] seems to explicitly allow the use of Do-not-track header as an opt-in mechanism:
Where it is technically possible and effective,
in accordance with the relevant provisions of
Directive 95/46/EC, the user’s consent to
processing may be expressed by using the
appropriate settings of a browser or other
application.
That seems to imply that if you have 'accept cookies' and 'accept 3rd party cookies' checked, you can be tracked. Those boxes exist for precisely this reason, are they not consent?
