A lot of value is left on the table because informed people don't give up data.
If simple regulation existed - say, "no one can use data for any purpose the user did not explicitly consent to, including product improvements AND including on-selling", that suddenly turns giving up data into a legally-binding, two-party transaction.
There'd be an explosion of really cool uses of data as a result of the trust that'd engender.
But today's status quo is lucrative - so here we stay.
Any "legally-binding, two-party transaction" between an individual and a large corporate conglomerate is a lost battle (or more precisely, a not-even-fought battle) for the vast majority of individuals.
80% of buyers of anything simply smash "Accept" (and watch through ads/spam) until their device shows the content they wanted to access. (Statistic is made up, but I think it's hard to refute.)
Do you call that "explicit consent"?