If the ToS are contrary to the law, then they are null and void. Laws tend to trump private agreements. Then, if it goes to trial in Europe, they’d have a hard time proving that the ToS are fair and that the user agrees freely and understanding what is being agreed, which is also another condition for any form of contract to be valid.

IANAL, but my understanding is that this is not in line with GDPR. You are not allowed to force the customer into tracking, which effectively happens in the scenario you describe since the user can't use the browser without accepting the ToS. Also, you have to be quite explicit: simply burying tracking in 52 pages of unrelated legalese is not compliant with GDPR.

Someone please chime in if I'm wrong here. I'm no lawyer but do take these things seriously (I'm trying my best to provide a tracking-free website.)

They will lose that case under GDPR, you can't hide the details in ToS and hope the user doesn't see it. You must get informed and freely given consent. Google is violating both, because I can't click "No" and the information is so hidden you can't expect a normal consumer to find it.

It will take a few years but they're going to get hit very very hard by EU privacy regulators.