Term and Legal Classification of Deutsche Post
Die Deutsche Post is a key player in the German and European postal sector. The term “Deutsche Post” encompasses both the historical postal system in Germany and the present-day publicly listed corporation Deutsche Post AG, which, following its privatization, operates as part of the Deutsche Post DHL Group. Deutsche Post is subject to comprehensive legal regulations regarding postal service law, competition law, as well as aspects of data protection and the provision of public services.
Historical Development and Legal Foundations
Development of the Postal System in Germany
The postal system in Germany has a centuries-old tradition. Until the postal reform in the 1990s, the Deutsche Bundespost was a state-run enterprise that performed sovereign functions. Privatization began in stages from 1989 through the Postal Reforms I to III. As a result, Deutsche Post AG was created in 1995 and entered into the commercial register on January 2, 1995.
Privatization and Market Liberalization
The “Law for the Completion of the Second Postal Reform” (Postneuordnungsgesetz – PostNG) established the separation of regulatory, sovereign, and operational activities. The primary legal foundation for the regulation of the German postal market today is the Postal Act (PostG) and the Postal Universal Service Regulation (PUDLV). These laws particularly govern the obligation to provide a nationwide universal postal service and the licensing of postal service providers.
Legal Status of Deutsche Post AG
Corporate Form and Group Structure
Deutsche Post AG is a stock corporation under German law with its registered office in Bonn. It is managed as a so-called privatized successor company of the former postal corporate division “Postdienst”. The company is registered in the commercial register of the local court of Bonn. The shares of Deutsche Post AG are traded on various stock exchanges; the federal government now holds a minority stake, implemented via the Kreditanstalt für Wiederaufbau (KfW).
Deutsche Post AG is the parent company of the Deutsche Post DHL Group, a global logistics and postal service provider.
Licensing and Supervision
Licensing Requirement
The provision of postal services by Deutsche Post AG is based on official licenses granted by the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway (Bundesnetzagentur, BNetzA) in accordance with §§ 5 ff. PostG. Due to its history, Deutsche Post AG holds a perpetual license for the provision of letter delivery services.
Supervisory Authorities
Regulatory oversight of Deutsche Post AG lies with the Federal Network Agency. It especially monitors compliance with competition law, universal service requirements, and non-discriminatory access provisions. The Federal Cartel Office may intervene if violations of competition law (§§ 19, 20 GWB) are established.
Universal Service Obligation
According to the Postal Act, Deutsche Post AG is obliged to ensure the universal postal service (provision of postal services to all citizens) through its services. Key details regarding minimum fulfillment are specified by the Postal Universal Service Regulation. These obligations include, inter alia, nationwide accessibility, regular delivery, and the provision of certain services at affordable prices.
Aspects of Competition Law
Market Position and Market Liberalization
With the entry into force of full competition in the German postal market in 2008, the so-called exclusive licensing right of Deutsche Post AG for letter delivery up to 50 grams ended. Since then, Deutsche Post AG has been in competition with other postal service providers, especially in the area of courier, express, and parcel services (KEP).
To prevent dominant market positions, Deutsche Post AG is subject to antitrust abuse control by the Federal Cartel Office. Price increases and fee structures are additionally subject to review and approval by the Federal Network Agency.
Postal Licensing System and Principle of Equal Treatment
The Postal Act provides for a licensing system (License Class 1 for letter services and Class 2 for parcel services). As the holder of the former license, Deutsche Post AG must grant competitors access to certain network components (e.g., shared use of P.O. box facilities).
Compliance with the principle of equal treatment (§ 17 PostG) is legally binding. Discrimination in the provision of licensed postal services is prohibited.
Provisions on Data Protection Law
Deutsche Post AG is subject to legal data protection requirements, especially those of the GDPR and the Federal Data Protection Act (BDSG). Since postal services regularly involve the processing of personal data in terms of address and communication data, there are strict regulations regarding data processing, storage, and disclosure to third parties.
The data protection officer of Deutsche Post AG ensures compliance with these regulations. The Federal Network Agency regularly reviews the implementation of data protection measures in the postal sector.
Regulatory Particularities
Price Regulation
The Federal Network Agency is responsible for approving the prices charged by Deutsche Post AG for universal services, especially the letter postage rate (§ 19 PostG). Regulatory requirements such as the principle of “price adequacy” and the safeguarding of universal service are taken into account.
Network Neutrality in the Postal Sector
Although the concept of network neutrality originated in telecommunications, parts of the non-discrimination prohibition also apply to the non-discriminatory delivery of postal items by Deutsche Post AG. The preferential treatment of certain clients — for instance, in regard to consignment volumes and delivery speed — is limited by legal obligations.
International Legal Relations
Deutsche Post AG is a member of the Universal Postal Union (UPU) and thus subject to international obligations, especially concerning the cross-border transport of mail and transit requirements.
Within the framework of the European internal market regulations, directives and regulations of the European Union, in particular Directive 97/67/EC on the common regulation of the postal market, are binding for Deutsche Post AG.
Liability Law and Consumer Protection
Liability for Shipping Damage
The liability of Deutsche Post AG is governed by the provisions of the German Civil Code (BGB), the German Commercial Code (HGB), and special statutory regulations (e.g., PostG, General Terms and Conditions of Deutsche Post AG). For letter mail, exclusions of liability apply, while certain liability limits are stipulated for parcels and valuable consignments.
Arbitration Procedure
In the event of a dispute, consumers may initiate an arbitration procedure pursuant to § 18 PostG at the Federal Network Agency, for example if Deutsche Post AG is responsible for the loss or damage of a consignment or if there are disagreements regarding the contractual performance.
Summary
Deutsche Post AG is a unique company within the German legal framework: it is at the center of legal requirements for ensuring universal access to postal services and is subject to supervision and regulatory measures regarding competition issues as well as consumer and data protection. The legal complexity arises from the combination of private-sector activity with a statutory universal service obligation, enhanced oversight, European legal integration, and special market significance. Further developments in postal law will be influenced by digitalization, changing communication habits, and ongoing deregulation.
Frequently Asked Questions
Who is liable for lost or damaged mail items?
For the loss or damage of mail items, Deutsche Post is fundamentally liable in accordance with the provisions of the Postal Act (PostG) as well as supplementary provisions in the General Terms and Conditions (AGB) of Deutsche Post. Liability is typically limited to actual property damage. There is generally no liability for loss or damage to standard letters. With regard to insured items such as registered mail or parcels, Deutsche Post is liable up to a legally or contractually defined maximum amount (for example, up to 500 euros for standard parcels). Liability covers only the proven direct damage; consequential damages or non-material damages are not covered. In the event of a dispute, the sender bears the burden of proof that a consignment was dispatched and not received. Claims must be asserted within the stipulated time period, usually seven days from receipt. Moreover, claims may be excluded if improper packaging is involved or if the damage was caused by force majeure.
What special legal provisions apply to the storage and safekeeping of mail items?
Deutsche Post is obliged under the Postal Act (§ 51 Postal Act) to ensure the confidentiality and integrity of mail items during storage and transport. Undeliverable consignments are held in accordance with the provisions of the General Terms and Conditions and the Postal Universal Service Regulation (PUDLV). Parcels or registered items for which the recipient cannot be identified are subject to special retention periods (generally up to seven working days, three weeks for undeliverable parcels). After the retention period expires, consignments may, pursuant to § 51 (3) PostG, be opened, e.g., to determine the sender. Uncollected consignments may then either be destroyed or, if possible, returned to the sender. Deutsche Post is obliged to document all processing steps and maintain postal secrecy.
What legal requirements apply to postal secrecy?
Postal secrecy is especially protected by Article 10 of the Basic Law (GG) and § 39 Postal Act (PostG). Accordingly, employees of Deutsche Post and other postal service providers are generally prohibited from learning about the contents or external appearance of consignments, opening them without authorization, delaying them, or making them accessible to third parties. Violations of postal secrecy can be prosecuted under criminal law (§ 206 Criminal Code). Exceptions exist only in strictly regulated cases, e.g., for hazard prevention or upon court order (such as in the context of investigations under the Code of Criminal Procedure), and such intrusions are subject to high standards of justification.
What regulations apply to compliance with delivery times?
As a universal service provider, Deutsche Post is bound by certain delivery time requirements for letters and parcels under the Postal Universal Service Regulation (PUDLV). Pursuant to § 2 PUDLV, at least 80% of letters accepted on a working day must be delivered on the next working day (the so-called E+1 standard), but no later than on the fourth working day. Comparable rules apply to parcel consignments, but with different delivery periods. If Deutsche Post does not comply with these requirements, customers may be entitled to claims for non-performance under certain conditions. It should be noted that force majeure (e.g., natural disasters or strikes) can suspend deadline compliance.
What is the legal situation regarding erroneously delivered and opened consignments?
Recipients who mistakenly receive and open another person’s consignment may be criminally or civilly liable under § 241a BGB and, if applicable, § 206 StGB (violation of postal secrecy). According to general legal provisions, consignments received by mistake must be immediately handed over to the postal service provider or the rightful recipient (§ 812 BGB, claim for restitution due to unjust enrichment). Wrongful retention or disclosure of the content can give rise to claims for damages. There is a duty to notify Deutsche Post as soon as a mix-up is discovered.
What rights and obligations exist for deliveries with an ‘Abstellerlaubnis’ (drop-off authorization) or storage agreement?
When a drop-off authorization or a storage agreement has been explicitly granted between the customer and Deutsche Post, the company is only liable to a limited extent. The General Terms and Conditions of Deutsche Post provide that once delivery has been made to an agreed location, the delivery is deemed completed. The risk of loss or damage after drop-off is borne by the recipient, unless the storage location is obviously unsuitable (for example, accessible to anyone). Such storage agreements must be expressly agreed with the recipient; unilateral granting is not possible. If a complaint arises nonetheless, Deutsche Post is only liable in cases of gross negligence.
Under what circumstances is Deutsche Post required to disclose data?
Deutsche Post may only disclose personal data of senders and recipients if a legal basis exists. Such occasions include, in particular, court orders, requests from the police and other law enforcement authorities, or cases of hazard prevention under the relevant data protection acts (BDSG, GDPR). Disclosure must always be limited to what is necessary and must be documented. As a rule, customers must give their explicit consent to the disclosure of their data, unless there is a legal obligation to provide information.
