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Is DSVGO the same as GDPR?Yes, just the german name :)
> Why wouldnt ISPs bake personal agreement into the TOS like every other cookie clickthru?
Personal agreement baked into a TOS is illegal. It has to be declinable and the service be offered regardless. Those cookie clickthroughs are getting those publishers sued now, see https://www.huntonprivacyblog.com/2019/10/03/cjeu-reaches-de... for an example.
> better to get permission in case unintended retention occurs or business needs change.
Which exactly is why this is not allowed. You can't just collect data just in case. Or you can of course, until you get caught and fined.