You seem to be correct, for others reading along here is a reference to the law you quoted - starts at the bottom of page 5:

https://law.resource.org/pub/us/cfr/regulations.gov.docket.0...

However, while that appears to be the law in Germany, that doesn't mean it ought to be the law in Germany (or anywhere else). Sounds like iRights.Law is looking to get that changed.