GDPR applies to any entity that processes personal data. That includes instance owners. In fact of you look up GDPR enforcements you can that it's also enforced against private persons.
Maybe you should reread what you wrote? You said there's no way GDPR would ever apply. I said it does. You said there are no enforceable actions, there are. the part you thought makes you right is the "criminal charges" part but that makes zero sense to begin with because GDPR, as an EU wide regulation, imposes only fines and no criminal charges.
Yeah uh huh, I sure do suck mr random person on the internet. The only thing you are saying is "these people won't audit lemmy because they don't want to". You think that in some magical way, lemmy will be immune. Guess what, it won't. The fines aren't simply because people aren't cooperating (and the devs themselves said that they don't care about GDPR outright). You don't know how it works, all you do is wishful thinking and insulting others.