That is very arbitrary. You can claim you're doing as much as you can. Who is going to determine how much you are really able to do? What if the judge decides you could've done more and decides to fine you anyway?
>reCAPTCHA v3 is advertised as never interrupting users at all
That's got to be a joke, since I have to pass the challenge like 99% of the time, not exaggerating. Of course, I have my browser configured in a privacy conscious way, so...