For example ACA 2012 (Obamacare) applies the most onerous terms on companies greater than 50, but not a lot of 100 person companies split into two groups of 50 to dodge it.
I think privacy is indeed along a spectrum and not binary. I certainly think that EU citizens are more concerned with Facebook and the vast trove of data they have and political irresponsibility with it than with GarethsFirstApp in the Android store handling user data well.
And I'd point out that the latest Facebook media privacy outrage was caused by a smaller (1 person?) third party company.
GarethsFirstApp isn't so innocent when it's providing Facebook with data they can no longer collect themselves (given a hypothetical "You're small, so we'll let you get away with it" GDPR).
So based on that some might argue, that the small bussinesses should be regulated more as majority of violations are comming from them, not well established bussinesses. It is probably not true, but it might also be.
So... binary only is a right way to go.
Like encryption, data privacy is either all or nothing.
And personally? I'd rather live in a world without tracking-enabled Google and Facebook business models than the one we're currently in.
Holding personally identifiable data is a toxic externality: Experian simply exposed a clear case.
If you want to do so, you should have to bear that cost. Or design your business model differently so that you don't.