Shurely Shum Mistake
Hmmm, AFAIK Phorm isn't live with any ISP at present. Therefore it's hard to see on what basis the EU have based their accusations unless it's outdated/uninformed information spoon fed by the antis.
If consumers opt-in as part of their ISP contract, perhaps as part of a discount scheme or something similar, and are fully aware of the consequences then any Privacy issues are null and void.
Since no-one outside Phorm and their partners has any idea whatsoever how it will be implemented, and there are various options available, this all seems to be a bit of bargaining by the EU to force the UK into accepting some other bit of legislation.