My German isn't good enough to read the original text about this case, but if the sentiment behind https://natlawreview.com/article/data-mining-ai-systems-trai... is correct, I wouldn't be surprised if this would also fall under some kind of legal exception.

The biggest problem, of course, is that regardless of legality, this software will probably be used (and probably already is being used) because it's almost impossible to prove or disprove its use as a remote party.