Companies are allowed to keep data necessary for their other statutory obligations, like taxes or KYC. Otherwise it'd be a get out of jail free card for fraudsters and sanction evaders.
Yes, but they're only allowed to use the data for the (legitimate) purpose it was retained. If you ask them not to retain/use it for marketing purposes, they can still retain it for statutory purposes but they can then only use it for that (not for sending you advertising emails etc.)
If they fail, you get paid the fine (not the state)