Quote Originally Posted by DoubleT View Post
That's not exactly true. If SE were to put in a program that monitored what was going on in the background of your PC, they would just change the ToS an make you re-agree to it before being allowed to play, there-for legalizing anything they do. Diablo 3
makes you agree to the ToS again almost every single time there is an update, because they would make some sort of small change to the ToS, thus making it a new contract that you have to sign.
The EULA doesn't trump privacy law, just because they put it in the EULA doesn't mean they can do whatever they want to your PC. This was already gone over in a lawsuit with blizzard years ago, their Warden program used to do a much more invasive scan of your PC than it currently does, but Blizzard lost a lawsuit and now are only allowed to scan very specific things.