Why would it be common sense? Literally nothing is written about design details. At a certain point burden will fall on the user and no it's not common sense wh

Why would it be common sense? Literally nothing is written about design details. At a certain point burden will fall on the user and no it's not common sense where that point lies. Legal arguments such as this case are what concretely define expectations. I get the data protection part and it's easy to just say "anyone that does X is against data protection", but implementing stuff to satisfy GDPR is a mess of grey areas. It's just as likely a company sets defaults to streamline the UI experience for a user as is the case they did it to maliciously trick users (Yeah yeah google is evil etc. Etc. But remember these decisions affect all companies). This is not to mention the fact that many companies dont even offer customized settings and simply have only blanket opt-in checkboxes.