Good. Now stop clarifying and start enforcing. Pick a few large players and make examples of them. Just demonstrate how this law can actually be applied to actual cookie wall cases.
So long as any company thinks "I'll just use this dark pattern until we get complaints, everyone else is doing that and I don't want to lose ad income for no reason" the law is broken. The example has to be so clear that it is percieved as better to have the company die from lack of ad-revenue, than to put up a cookie wall.
Companies should think "Ok we'll just have a discrete and compliant opt-in and hope that people will actually use it, and if this kills our business that's still better than the horror story that happened to FooCorp when they tried to pull that cookie wall stunt."
The "content ecosystem" slaughtered the print ecosystem. If their revenue derives exclusively from invasive tracking, then "oops" they should have planned better. So it goes.
So long as any company thinks "I'll just use this dark pattern until we get complaints, everyone else is doing that and I don't want to lose ad income for no reason" the law is broken. The example has to be so clear that it is percieved as better to have the company die from lack of ad-revenue, than to put up a cookie wall.
Companies should think "Ok we'll just have a discrete and compliant opt-in and hope that people will actually use it, and if this kills our business that's still better than the horror story that happened to FooCorp when they tried to pull that cookie wall stunt."