I don't believe such a ruling will be allowed to stand for long, if it really is effectively a blanket ban that can't be overridden by reasonable consent. Enforcing something like that really would have the potential to block international trade on an economy-damaging scale.
Depends. The courts might rule that that sort of "click-through" agreement is invalid and doesn't count as consent.
Update: Already happening. DPA of Schleswig Holstein: Transfer on the basis of Model Clauses unlawful. from https://twitter.com/CarloPiltz/status/654214641975984128