Is it permissible for analytical and marketing cookie settings to be pre-selected as "YES"?

ANSWER

No, this is not permitted.

Pre-ticked or pre-selected options cannot be regarded as valid consent under the GDPR, as stated in Recital 32 of the Regulation.

The Court of Justice of the European Union (CJEU) reached the same conclusion in its judgment in the Planet49 GmbH case (C-673/17), confirming that consent obtained through pre-selected checkboxes does not constitute valid consent under GDPR requirements.