Well, active consent has been seen before with cookie banners. Let's see how long it takes before every time you open Instagram you get a prompt like: "I allow not not omitting the usage of tracking"
As in: If a rich woman marries her housekeeper and he does the previous things as a part of the marriage, the total production is the same with a lowered GDP.
Actually, we do. It's called democracy and how laws are made that companies have to adhere to.
While that's an entire different scale as "didn't display cookie banner" the mechanisms are the same and in place. If the EU finds privacy infringement important enough the infringer will be warned than fined[1]. I'm no lawyer, but I would expect that when a company doesn't pay that fine, they'll ultimately be prohibited from doing any business in the EU. e.g. through blocks, frozen accounts and such.
[1] https://commission.europa.eu/law/law-topic/data-protection/r...
The key point here being "comply with". "Let me track you or you can't use this", confusing or coercive "consent" dialogs etc. don't comply.