Currently Bing search has no option unlike Google search to opt out of saving history. Although Bing search can be set to not save history, it still saves the history of the user in the Microsoft account (if logged in) even though the search setting says otherwise.
Is it illegal to mislead the user in this way? If it is indeed mentioned in conditions, is it not illegal to not provide an option to opt out as per EU law. I am asking for EU privacy law in case the answer needs to be specific.
Edit 1: Bing history page is in : https://www.bing.com/profile/history
Microsoft Account History: https://account.microsoft.com/privacy/activity-history
You can see all your history in the second link even if the search history is disabled in the Bing History page.
Edit 2: Yes I mean about GPDR. It is enforceable from 25th May 2018. So they should comply before that or else they will be fined?