It isn't, in both cases you're protected by exactly the same legal system

Not sure what you are saying exactly, but

> the legal protections for the consumer is much higher

You know you give away the right to file class action law suits against Anthropic when you accept their Terms Of Use, right? (at least the Americans ones)

If you have an enterprise contract with them you're still unlikely to ever know that you've been lied to unless some whistleblower at the AI company comes forward and even if you do somehow find out, it's too late. Once they have your data and have trained on it there's no taking it back. At most they'll pay out some tiny settlement that's a fraction of how much money they make in a week and they'll continue to profit from your data forever.