Companies who decided to continue their invasive policies chose to implement those popups to provide legal cover. Non-invasive companies don't need to do that. The issue is with the companies, not the regulation.
The issue is with both. It is not exactly surprising that for-profit companies implement the regulation in a way that minimizes their expenses, and the outcome this produces could have been anticipated when the legislation was written. The outcome matters more than the intent.
Companies who decided to continue their invasive policies chose to implement those popups to provide legal cover. Non-invasive companies don't need to do that. The issue is with the companies, not the regulation.