I am no lawyer, but I expect the incoming EU rules don't allow a privacy-breaking contract. I.e. you can ask if someone wants to allow something such as whois entry, but not prevent them from doing business if they demand their privacy is respected.
So probably EU-based registrars could have an opt-in tickbox, but if you opt out then they still have to manage your domain but with a private registry entry. Which is sensible, but probably against what ICANN's lobbyists want.
Biting the hand that feeds IT
