TLDR: Mojang is is breaking the law by changing EULA terms without informing anyone while claiming stuff that is written down on their end breaks the EULA without proof of the text that makes it banned, that making it a one sided contract. They also are allowing stuff on the market place which the EULA already bans.
I could have sworn they removed it and replaced it with opt in but this is worse. https://minecraft.wiki/w/Telemetry It says they removed it in snapshot 18w21a to comply with the GDPR but re-added it in snapshot 21w38a and since then.
all jira tickets regarding it has also been closed without a (real) response