Not all privacy laws are bullshit...but this one sure seems to be. The "Like" button (and the "1+" button, and the buttons to submit to Reddit, HN, and the like, which would all be covered) are completely optional for the visitor to the site. They don't have to click them unless they want to.
The same argument they are using against these buttons applies to off-site hyperlinks in general. Are those going to be banned in the name of privacy?
The "Like" button is not a hyperlink. A hyperlink doesn't reveal your identity to the target site unless you click on it - the Like button will ping Facebook about your presence even if you don't click.
So yes, there are major legitimate privacy concerns about this. I'd hope you weren't aware of this, otherwise this would be an incredibly disingenuous argument to make.
Scenario: The web user does not have a Facebook account
...
after visiting a web site on which Facebook Connect has
been implemented, the request for the Like button
includes a cookie. This cookie has an expiration date two
years from the moment it was issued. However, by browsing
across web sites, additional cookies can be placed on the
user's computer and these can be added later on in new
requests.
OK, I see that it is not equivalent to a link, because it loads stuff even if you don't click it.
However, is it any worse than an off-site image, or an off-site JavaScript? Those both contact a third-party server. For instance, if I use MathJax on my site, downloaded via a script tag that points to cdn.mathjax.org, would I get in trouble in Europe?
The same argument they are using against these buttons applies to off-site hyperlinks in general. Are those going to be banned in the name of privacy?