Personally, I think "don't have a newsletter" is a great idea (it reduces UI cutter too), but people want to send newsletters and the only way to make sending a newsletter worth the time spent to prepare it is by making it opt-out not opt-in.
edit: I'm not saying I support this, just that a newsletter is never done in the users' interest but as an advertizement. It might make for good UX for the user for it to be unchecked, but thats kind of the point, the entire concept of the newsletter relies on bad UX to gain subscribers.
Assuming your newsletter might be something your users would actually want to read (crazy, I know), the newsletter preview link is a fantastic idea.
Indeed the Article only says they have to allow you to object, nothing about the company not sending you repeated emails when you do object.
Looks badly drafted and without teeth IMO.
--- http://en.wikipedia.org/wiki/Directive_on_Privacy_and_Electr... http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:... - full current text
AFAIK most made opt-out illegal, even if the directive didn't necessarily require it well.