"Can we show you ads that are closely related to your interests" and "Are you willing to share some data so we can improve our product?" are not facts, they are excuses like "fight terrorist" and "protect the children". And not as good, because nobody would object protecting children while some people do for the former.
The reality is rather "can we get enough data so we can manipulate you better in order to make more money?", "can we create a knowledge graph powerful enough to kill all our competition and influence democracy in our favor?" and "can we follow you everywhere to prey on you once we know enough to find a way in your life?"
You think those sentences don't reflect reality? I think they are as realistic as yours.
So the law finds a middle ground and use facts: "do you accept tracking?". Simple. Objective.
> This is still an annoying banner somewhere.
A non modal notification, just like stated in the original comment, is not a banner. It can be safely ignored, doesn't prevent you from getting to the content, nor require you to act or take a decision to progress.
I mean, you just stated that tons of people are ready to accept obnoxious interruptions in the form of ads that benefit corporations, and you think a small notification on the bottom right on the screen to benefit the consumer is unacceptable?
I'm answering your comment for the sake of other readers, but given how much bad faith I felt in it, I'm expecting any answer would be of the same caliber and will just ignore them.