Isn't this pretty much what happened with the cookie law? It states that cookies necessary for the functioning of sites were ok, but everyone ended up putting up those warnings anyways and it greatly diluted any benefit of the rule and it ended up like Prop 65: warnings everywhere, even when they weren't useful. Overall, it just led to the law being ridiculed.
We just added an EU surcharge to our pricing model. This isn’t a hard law to comply with, but you need a lot of business in Europe for re-factoring and lawyering up to make sense. Even if you do nothing dodgy, you’re going to need to be ready to handle incorrect requests and misguided complaints.
Wait what? Really? All the annoying "cookie" popups I've seen were them telling me the cookies were used for necessary function. I always thought it was due to some European law. Are you telling me it's not even required by the law?