There are a lot of ridiculous things a company can choose to do in response to any given law. Those choices are not mandated by the law. Horrible consent UX is not the only option to choose from.
Government can, and should, analyze likely (or unlikely) unintended consequences and use those to further shape the law, but at the end of the day, those consequences come from choices that people who are subject to the law make.
I think the big mistake the EU made is they probably thought: “Surely no company would choose to abuse their customers with horrible UI just because they don’t like the law and want to take their collective frustration out on their users!” The EU was obviously wrong about the extent to which companies would throw their users under the bus while maliciously complying.
Government can, and should, analyze likely (or unlikely) unintended consequences and use those to further shape the law, but at the end of the day, those consequences come from choices that people who are subject to the law make.
I think the big mistake the EU made is they probably thought: “Surely no company would choose to abuse their customers with horrible UI just because they don’t like the law and want to take their collective frustration out on their users!” The EU was obviously wrong about the extent to which companies would throw their users under the bus while maliciously complying.