[jph00]

The author clearly states they are aware of this and links to an analysis of the implemented laws:

“Note that this is a directive, not a regulation, meaning it is up to the individual EU countries to implement the directive into law. We’ll arbitrarily ignore this distinction, and I will only be considering the wording of the directive itself in this article.

If you’re interested, the guys over at Matomo have done the hard work of looking at the implemented laws. Worth a read!”