For your first point I disagree, my companies don't track and we don't have banner cookies.

On your second point, that is again a choice of said companies, not a problem with the law. The GDPR has proven very well that if they cared, they can segment who is affected or not, and not just big tech lots of random local news site and the likes are doing it just fine.

So again, you're aiming at the wrong culprit.