> The problem is continuous lack of enforcement

Yeah, but it's hard to enforce a law at scale when the difference between legal and illegal behavior is not obvious to a layperson. The law is too technical.

It also has shouldn't have options where a user can simply allow further data collection, since this makes it hard clearly say whether a certain practice is legal or not, since it "will depend".

This creates more friction to enforcement. If things were more clear-cut, enforcement could be automated, and you would probably see those fines roll out.

It is harder to say "this software library is illegal to use in the EU" if there are certain circumstances where it's not.