Since TikTok implemented the required changes and also (apparently) did not complain about the policies themselves (e.g. being to complicated/ambiguous to implement) it really looks like it is solely on them. They violated the law so they are to be punished accordingly.
It's like doing tax fraud in a year and then complaining that you were compliant in the following years. Penalties for this can be way beyond 2.6% of someones personal revenue. What would you say if someone complains here? Would you agree with them?