That's the issue - what's the definition of "track"?

I've not seen a decent discussion of this anywhere - the BBC site says "shopping baskets are exempt" but what about session cookies? What about font-size preferences or logins?

I've asked my MP (in the UK) to look into it...

I presumed tracking meant cookies which were used outside of one website. Good point.

That's how free markets work. Unfortunately, this law doesn't allow for the consumer to chose what's best for himself.