Apparently you can now load non-GPL licensed eBPF programs, but they can't then access certain functions marked as "GPL only". This matches the behavior for kernel modules.
Where GPL comes in is when you use BPF to introspect the kernel. It is quite possible to use BPF programs with the kprobe hook to extract data about how the kernel itself works, and the opinion of the kernel developers on this is that such use cases are within the realm of GPL protection.
Unfortunately, I don't believe the high level list of which hooks have gpl helpers is published, so reading the code is the best method currently.