The EU said "you have to ask for permission before forcefully sodomizing your users", and webdevs thought "let's ask for permission" rather than "let's not forcefully sodomize our users". Of course, the law could have said "don't forcefully sodomize users", but it seems the west is still under the impression that some people will do the right thing, just because, sometimes. (maybe 20 years ago they would have, just because, sometimes, but they won't now)