[dmix]

Courts are not black/white in interpretations of law. Demonstrating you put significant effort into being compliant is not for nothing. Plus you can't really figure it out until you try. Especially with something as complex as this and how the implications of the law will be different for different companies.

[merinowool]

I don't think that makes a difference, perhaps it depends on the country. Some EU countries are hostile towards entrepreneurs and wrong action or inaction would get the same treatment.