I want to stress that this is a major point of political polarization in Europe at the moment. Even if this claim is true, it warrants a clear and articulated defense.
It is irresponsible not to assume that if the law is written a certain way then at some point, the law can (and likely will) be enforced that way when it suits the government.
With the caveat that "the law" in this case isn't just the GDPR, it's the entirety of EU case law. GDPR exists in a particular legal context.
If a law is on the books, it can be enforced in the EU, right? I understand there is precedent but precedent is not law, it's merely the common understanding of that law in that particular context. Precedent is overturned all the time (not to mention ignored when convenient), as it should be.
Is there a critical difference here that I am not understanding? Perhaps it has to do with the fact that the EU is not a state, but a high level guiding body for a number of states?
That doesn't mean Jacques' analysis is not worthwhile, by the way. He is not ignorant of the legal context. Judging by the reaction to the article, this is going to be one of those situations where you can lead a horse to water but you can't make him drink.
But fair enough, nobody should be trusted blindly. This is why we have appeals and legal avenues to create checks and balances. So in the context of this discussion, it's pointless. We don't have to trust them. If a fine looks disproportional, there are legal remedies. Up to the ECHR which is generally quite careful in it's decisions.
If you don't trust the EU's legal system, that's a different problem. One that rings a bit hollow, and doesn't really further the GDPR discussion.
That said, I would've liked to see a bit more healthy skepticism about the ability of any sort of government or organization to avoid mis-using laws with a wide breadth when it suits them, especially if things slide toward tech-protectionism.