You are welcome Mike.
Yes, I know. The GDPR law is not clear. Different lawyers interpret the law differently, and probably also the inspectors ??
This is why I prefer to decide for the option that gives less risk when the choice doesn’t worsen too much the user experience.
In this case, the lower risk is given by the presence of the checkbox. An inspector will not give you a penalty for the presence of the checkbox, but depending on the inspector, they could give you a penalty if the checkbox is not there. As there are lawyers who tell you you must add the checkbox, there are inspecotors they will give you a penalty if you don’t have the checkbox. And even if you can demonstrate you are right, better not to have an inspector who doesn’t like your site.
I know this is not the way the law should work, but unfortunately, it is so with the GDPR.
A checkbox in my opinion doesn’t worsen the user experience. This is why I would add it.
People are now used to checking checkboxes. Moreover, appearing GDPR compliant to all visitors is even more important than being GDPR compliant.
If your site is 100% GDPR compliant, but some visitors think it isn’t because they don’t see the checkbox, then you have a problem.
Of course, these are only my opinions.