Assuming that's true, then it's just accounting for social behavior.
A user isn't "paying" for privacy. Privacy comes by default (for a price) and a company can pay a user to harvest their data.
Financially, they both work out the same, but based on opt-in, opt-out behaviors and perception I presume they have a different impact. The wording specified by the law says that users should have a default expectation of privacy. They can actively choose to give that up for a fee.
The business profit loss side of it says, you can't build a business that assumes it gets to profit off harvesting user's data for free. User data has value, place a value on it, and make it an explicit part of the transaction.