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GDPR applies to any entity that processes personal data. That includes instance owners. In fact of you look up GDPR enforcements you can that it's also enforced against private persons.
Maybe you should reread what you wrote? You said there's no way GDPR would ever apply. I said it does. You said there are no enforceable actions, there are. the part you thought makes you right is the "criminal charges" part but that makes zero sense to begin with because GDPR, as an EU wide regulation, imposes only fines and no criminal charges.