"We are likely to break this law, therefore we shouldn't be punished when it happens"? Classic.

The US has a similar problem with CAN-SPAM. Ordinary citizens cannot sue.[1] All you can do is complain to the FTC, after which of course nothing will happen.

It makes these laws rather toothless if they're not actually enforced.

[1]: https://www.law.cornell.edu/wex/inbox/can-spam_and_consumer_...