It's great that you have a non-publicly available newsletter as a source, but if you read the DPC item [1] you'll see that it's just about the GDPR. What Ben probably does not understand, is that the fine is not about the TOS change _before_ the GDPR came in effect, but about the fact that data was processed without valid legal basis _after_ the GDPR came in effect as the TOS change and an 'I accept' button was simply not sufficient.

[1]: https://www.dataprotection.ie/en/news-media/data-protection-...