Yes, provided that the “opt-out” selection is the default when the banner loads and no behavioural or analytics cookies load prior to an “opt-in” by the data subject.

A data subject’s consent to the use of analytics or behavioural cookies must be a valid “affirmative act.” Thus, if the data subject is presented with notice of the use of behavioural and analytics cookies, and the data subject must “check” or “tick” boxes to consent to the use of these cookies, that consent is likely valid. It is not valid, however, to “pre-check” boxes on behalf of the data subject.1 Put another way, the default setting for the data subject must be “opt-out” not “opt-in.”