Yes. A minor technical cockup when the company is attempting to meet the spirit of the law wouldn't be treated as harshly as a systematic failure, or a deliberate attempt to work around the spirit by following the letter.

If facebook discover a backup from 2012 on a tape that hasn't had items deleted, and adapt their processes so it doesn't happen again, they won't be hit with a $1b fine. If they deliberately refuse to delete people's data as a policy, they will be.