> When deciding whether to impose an administrative fine and deciding on the amount of the administrative fine in each individual case due regard shall be given to the following
> the intentional or negligent character of the infringement;
A company with good intentions is going to be regulated less severely than a company who does't care.
Yet another reason there is ambiguity in the terms. Most websites can portray themselves as good meaning. Socially defined justice is not really the law.
Sure, but note how it also says "negligent". Ghostery is a privacy browser extension. They should be using something more sophisticated than a process so prone to human error when handling user data.
[0]: https://en.wikipedia.org/wiki/Mens_rea