An agreement requires a meeting of the minds. Blindly clicking "yes, accept cookies" in popups does not rise to that level. People just want to read the article, they do not understand or care about the data retention policy. So it is very hard to claim they consented.
And reading the data retention policy is not enough if it doesn't explain the extent to which the authorities in their country can wipe butt with said policy.
But anyway, I think even that is beside the point. I think the point is that there are things Europe considers fundamental rights. And the concept of a "right" doesn't.. really.. make much sense if someone can go "btw we'll just violate it, click to agree."
