Package Notifications via E-Mail and Data Protection: Requirements and Legal Framework
The practice of parcel service providers sending shipment notifications directly to recipients via e-mail continues to raise important questions regarding the protection of personal data under the General Data Protection Regulation (GDPR). In particular, the focus is on whether and to what extent the disclosure of recipients’ e-mail addresses by senders to logistics companies is permissible, and which data protection requirements must be observed. It is essential to appropriately consider the interests of all parties involved – especially the rights of the affected persons. The following provides a practical overview of the relevant legal bases and challenges.
Legal Classification of E-Mail Transmission to Parcel Service Providers
Relevant Data Protection Legal Foundations
E-mail addresses are personal data according to Art. 4 No. 1 GDPR. As soon as a sender transmits them to a parcel service provider within the scope of shipping processing, this constitutes processing within the meaning of Art. 4 No. 2 GDPR. Such processing requires a suitable legal basis under Art. 6 GDPR.
The predominant practice relies on Art. 6 para. 1 lit. b) GDPR, as the data processing serves to fulfill a contract with the data subject – for example, in connection with the shipment of an ordered product. Furthermore, Art. 6 para. 1 lit. f) GDPR may apply if there is a legitimate interest of the sender or recipient in smooth logistics processing. However, the protected interests and fundamental rights of the data subject must be adequately taken into account and carefully weighed.
Limits of Permissible Data Disclosure
The legality of forwarding the e-mail address to the parcel service provider is not universally given. Rather, the processing must be limited to what is necessary (“data minimization,” Art. 5 para. 1 lit. c) GDPR). The sending of package notifications is data protection-critical especially if additional advertising measures are carried out alongside the notification or if recipients are not informed about data protection aspects.
Furthermore, in light of the judgment of the Regional Court Frankfurt a.M. (Case No. 2-03 O 283/18, not yet legally binding), it must be considered that consent from the data subject is regularly required if the shipment notification contains content going beyond the shipment itself, such as advertising elements.
Information Obligations and Transparency
Requirements According to Art. 13 GDPR
Senders are obligated under Art. 13 GDPR to comprehensively inform data subjects if their e-mail addresses are passed on to third parties – particularly to logistics companies – for sending package notifications. Mandatory information includes, besides the contact details of the responsible entity, the purpose and legal basis of data processing, storage duration, information about data subject rights, and indications of possible rights to object.
Context of Consent and Right to Object
If the data processing is not directly necessary for contract fulfillment, it is generally advisable to obtain prior consent according to Art. 6 para. 1 lit. a) GDPR before forwarding the e-mail address. In any case, the recipient must be clearly and understandably informed about their right to object according to Art. 21 GDPR if the processing is based on legitimate interests.
Liability Risks and Enforcement Options
Fines and Injunction Claims
Unauthorized disclosure of personal data can entail substantial fines under Art. 83 GDPR. Additionally, there is a risk of civil law claims for injunctions and damages by affected individuals. Companies are therefore required to align their processes with data protection requirements and regularly review them.
Current Supervisory Authority Guidance
Supervisory authorities, such as the State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia, regularly emphasize that the disclosure of e-mail addresses to shipping service providers is generally only permissible insofar as it is necessary to fulfill the delivery contract and no further use occurs. However, if further purposes exist, consent must be obtained in case of doubt.
Requirements for Data Processing and Joint Responsibility
Distinction: Processor or Independent Controller
Whether a parcel service provider acts as a processor pursuant to Art. 28 GDPR or as an independent controller depends on whether the service provider uses the e-mail address solely for shipment notification or pursues additional purposes. For example, if the e-mail address is used to initiate further business relationships with the recipient, this typically establishes independent responsibility of the service provider with corresponding obligations.
Practical Implementation Recommendations
Data protection-compliant handling of recipient data requires careful contractual and technical arrangements. Contractual partners should ensure that the data is used exclusively to the necessary extent and only for the defined purpose. Furthermore, transparent information and objection options must be provided.
International Context: Data Transfer Outside the EU
Cooperation with international parcel service providers may require the transfer of personal data to third countries (Art. 44 et seq. GDPR). Additional requirements, such as adequacy decisions or appropriate safeguards, must be taken into account. Without an adequate level of data protection or appropriate contractual arrangements, disclosure is generally not permitted.
Conclusion
The transfer of email addresses to parcel service providers for the purpose of shipment tracking and information is legally permissible under data protection law, provided that the processing is limited to what is necessary and transparent. Any additional use, especially for advertising purposes, requires the consent of the data subject. Companies should consistently observe existing information and transparency obligations and avoid liability risks from improper data flows.
For further questions regarding the data protection challenges of digital commerce and logistics, as well as the implementation of data protection-compliant processes, the legal contacts at MTR Legal are gladly available.
