[belorn]

The rules of commerce exist outset the net, I fully agree on that. If we applied similar rules on the net, the implied permission will go away in favor of a common set of rules.

And that is what the EU is trying to do for private data. When it is illegal to track users, then users can't silently give permission by visiting the website. The whole question about implied permission goes away when rules of commerce specify what is and isn't allowed.