Why would they ever want to have a presence in Germany when they can sell digital products and services to anyone, anywhere, Germany included, from wherever they're located?
The bottom line is that in the real world, some random "entrepreneur" or SME sending an unsolicited "Hey software guy, I have a service you might be interested in" email to somebody in Germany isn't ever going to cause them trouble.
In the real world that specific “anti cold outreach regulation” is enforced. You can very easily find examples online of companies being fined for a single email. The German version is a stricter version of EU regulations IIRC so you likely have a more or less similar situation in other European countries. You seem to want to talk about jurisdiction, which is something that feels irrelevant. The reasons companies have a presence in Germany is exactly the same reason they have a presence in the US or any other country where they want to sell their services, but that has nothing to do with the topic at hand.
I will stop here, the whole back and forth feels unproductive