Deutsche Post AG – Legal Classification and Structure
Die Deutsche Post AG as a stock corporation and a major German logistics and postal services company, constitutes a central institution in the German and international postal industry. The group, which is part of the DHL Group, is primarily active in the delivery of letters and parcels as well as related services. The legal structure and regulation of Deutsche Post AG are based on a multitude of European and national legal standards, which are comprehensively presented below.
Legal Form and Basic Structure
Deutsche Post AG is organized as a stock corporation in accordance with the German Stock Corporation Act (AktG). It was founded in the course of the second postal reform in 1995 as the successor organization to the formerly state-owned Deutsche Bundespost. The company is registered in the commercial register at the District Court of Bonn with its registered office in Bonn.
Fundamentals of the Stock Corporation
The corporate structure and organization are governed by the provisions of the Stock Corporation Act (AktG). In particular, this means:
- Corporate bodies: Management Board, Supervisory Board, General Meeting
- Liability: The company is liable with its corporate assets; liability of shareholders is generally excluded.
- Management and Representation: This is the responsibility of the Management Board under the supervision of the Supervisory Board.
History of Privatization and Regulation
Die Privatization of postal services was implemented successively during the 1990s through the postal reforms. The goal was to open the market and create competition in the formerly monopolistic postal sector.
Legal Basis for Privatization
- Law on the Transformation of Enterprises of Deutsche Bundespost (Post Transformation Act – PostUmwG)
- Postal Act (PostG): Regulates third-party access to postal markets, universal services, and the powers of government supervisory authorities.
Regulation under the Postal Act (PostG)
According to German postal law, specific obligations apply to Deutsche Post AG as a provider of postal services:
Universal Service Obligation
Pursuant to §§ 11 ff. PostG, Deutsche Post AG is obliged to ensure the provision of universal postal services. This means:
- Ensuring comprehensive coverage with postal services at affordable rates
- Obligation to deliver regularly (at least five working days per week)
Access Regulation and Licensing
In response to market liberalization, Deutsche Post AG is subject to certain control mechanisms:
- A concession is required for access to letter services for items weighing over 50 grams, § 5 PostG
- Obligation to treat competitors equally in order to prevent discrimination in the postal market
- Regulation of charges for universal services (§§ 19 ff. PostG)
Federal Network Agency as Regulatory Authority
Pursuant to § 10 PostG, the Federal Network Agency is responsible for market regulation and monitoring compliance with legal requirements. It specifically monitors:
- Issuing and monitoring licenses and permits
- Review of prices and terms of business
- Ensuring fair competition conditions
Shareholdings and Government Influence
Although the majority of shares are now in free float, significant government influence remains through the Kreditanstalt für Wiederaufbau (KfW). The German federal government thus indirectly holds shares in Deutsche Post AG.
Co-Determination and Employee Representation
Deutsche Post AG is subject to the provisions of the Codetermination Act (MitbestG). This requires an equal composition of the Supervisory Board from shareholder and employee representatives.
Postal Secrecy, Data Protection, and Other Special Legal Obligations
Postal Secrecy
Pursuant to Art. 10 of the Basic Law and § 39 PostG, Deutsche Post AG is obliged to maintain postal secrecy. This includes:
- Protection of private and business correspondence from unauthorized access
- Restrictions only by legal order, in particular for averting danger and criminal prosecution
Data Protection
The processing of personal data by Deutsche Post AG is carried out in accordance with the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Areas of responsibility include:
- Contract fulfillment in the context of delivery
- Ensuring data subject rights
- Obligation to ensure technical and organizational data security
Legal Relationships with Customers and Contractual Partners
General Terms and Conditions and Contract Design
Contractual relationships with customers of Deutsche Post AG are governed by general contract law, in particular the provisions of the German Civil Code (BGB). General Terms and Conditions (GTC) are used as standard.
Liability in Transport Services
The liability of Deutsche Post AG is typical for the industry and regulated by law, in particular by:
- §§ 425 ff. German Commercial Code (HGB) for transport services
- Specific rules for loss, damage, and delayed delivery
- Limitations of liability to the extent permitted by law
International Integration and Further Legal Aspects
Deutsche Post AG, as part of the DHL Group, operates internationally and is therefore also subject to additional legal requirements, in particular:
- Postal regulations of the European Union (EU Postal Directive 97/67/EC)
- International agreements, such as the Universal Postal Convention of the Universal Postal Union (UPU)
Competition Law
The company is also subject to the Act Against Restraints of Competition (GWB) and European antitrust regulations. This particularly affects issues relating to market dominance and possible discrimination in competition.
In summary Deutsche Post AG is subject to comprehensive legal regulation, shaped by national and European legal standards, regulatory oversight, data protection requirements, and special liability rules. These framework conditions ensure both the statutory mandate to provide nationwide postal services and fair competition in a liberalized market environment.
Frequently Asked Questions
Which legal framework governs the universal service of Deutsche Post AG?
The universal service in the postal sector is regulated by the Postal Act (PostG) and the related ordinances. According to § 11 PostG, Deutsche Post AG is obliged to provide a nationwide universal service. This includes the provision of postal services for letters and parcels up to 10 kilograms within Germany, with specified quality standards such as delivery times and minimum branch opening hours to be guaranteed. The Federal Network Agency monitors compliance with these requirements. Legal violations may result in supervisory measures and fines. Detailed requirements arise from the Postal Universal Services Ordinance (PUDLV), including the regulation of pricing and accessibility. Furthermore, Deutsche Post AG, as provider of the universal service, is required to act non-discriminatorily and to fulfill certain information and reporting obligations to authorities.
What special legal provisions regarding data security and postal secrecy must Deutsche Post AG observe?
Deutsche Post AG is subject to the Basic Law, in particular Art. 10 GG, on postal secrecy. This enshrines a fundamental right to the protection of the confidentiality of postal items. In addition to the constitutional provisions, the Postal Act (§ 39 PostG) explicitly regulates the data protection and confidentiality obligations of postal service providers. Deutsche Post AG is generally not permitted to open postal items or disclose information to third parties, unless a statutory exemption applies, such as under a judicial order or for the prevention of danger. The provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) also apply to the processing of personal data collected in connection with postal delivery. Infringements of postal secrecy or data protection regulations may entail both civil and criminal consequences.
What duties and rights do consumers have vis-à-vis Deutsche Post AG in the event of damaged or lost consignments?
Under §§ 425 ff. of the German Commercial Code (HGB), insofar as Deutsche Post AG acts as carrier, consumers are in particular entitled to compensation for damage or loss of consignments. The Postal Universal Services Ordinance and Deutsche Post’s General Terms and Conditions also govern specific maximum liability amounts as well as the requirements for reporting and verifying damage. Generally, liability for standard letters is limited to 25 Euros, while for parcels it is up to 500 Euros, unless a higher value was declared or additional insurance was purchased. However, customers must report and document the damage within seven working days. Consumers must be reasonably able to access and use information about the scope of liability and the modalities for filing complaints, otherwise Deutsche Post AG risks violating information duties under § 312d BGB and the Price Indication Ordinance (PAngV).
How is Deutsche Post AG supervised by the Federal Network Agency?
Deutsche Post AG is subject to the regulatory and supervisory authority of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway (BNetzA). According to §§ 19 ff. of the Postal Act, the Federal Network Agency is responsible for monitoring compliance with the statutory provisions, in particular regarding the universal service obligation, non-discriminatory access to postal infrastructure, and price approval for standard postal products. The Post AG must submit regular reports and provide necessary information. In cases of doubt, the Federal Network Agency may issue administrative acts, make orders, or impose fines. Consumer complaints are also received by BNetzA and may give rise to investigations and actions.
Are there special regulations on monopoly status or market opening in the area of postal services?
The postal market was partially monopolized until 2008, particularly in the area of letter delivery up to 50 grams. Since then, the market has been liberalized. However, according to §§ 51 ff. of the Postal Act, certain services attributable to universal service remain subject to special regulation. Deutsche Post AG can no longer claim a monopoly through so-called exclusive licenses but continues to receive legal privileges in certain areas due to its fulfillment of universal service, such as access to certain postal infrastructures. Competitors may file claims or contact the Federal Network Agency in case of discriminatory conduct. Antitrust regulations, especially the Act Against Restraints of Competition (GWB), also apply.
How is Deutsche Post AG legally required to handle price changes for postal services?
Price adjustments in the area of letter mail and certain other universal services are subject to approval by the Federal Network Agency under § 19 PostG. Deutsche Post AG must present price adjustments transparently and submit extensive application documents, including calculation and business management fundamentals. The Federal Network Agency examines whether the proposed prices meet the requirements of the Postal Act and general competition law, meaning they are not excessive or abusive. Only after approval has been granted may the new prices be publicly announced and applied. The legality of such approvals may, if necessary, be reviewed by an administrative court.
