That sounds like a legal minefield - I would point out that GDPR-style legislation exists because the legislators don't trust the industry to assess what is reasonable. So the industry would be in a position where:

1) They aren't trusted to be reasonable about user consent.

2) They are only to take action when they judge it is reasonable to check user consent.

It'd probably be a very rocky process to nail down what those words like "loophole" and "workaround" mean as the advertisers start abusing prescribed no-banner situations.