Of course it's FUD, thats almost the definition of of risk. "Risk assessments on GDPR litigation are blown wildly out of proportion." because there's a lot of fear, uncertainty, and doubt.

I just don't think it's particularly unjustified FUD. It is a big law that made a big splash. Can you really blame anyone who wants to wait and see how it goes down?

There IS a ton of guess work for now. To take either stance with so much certainty is a little dishonest IMHO. And I think you agree! You say yourself "... in all likelihood, on the off chance ..." Is "better safe than sorry" really so unreasonable.