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Legal Lexicon: Post – Definition, Legal Framework, and Significance

Definition and Classification

The term ‘Post’ generally refers in a legal sense to the public or private service of transporting written communications, items, and goods. In a broader sense, ‘Post’ encompasses both the entire mailing infrastructure and the company that provides postal services. The legal structure of postal services is primarily governed by the Postal Act (PostG) and further specific legal provisions, particularly at the interface with telecommunications, administrative, and data protection law. Postal services are now predominantly provided by privately organized companies, although public interests and official functions still play a prominent role.

Statutory Regulation

Historical Development

Originally, the Post was a state institution and part of the sovereign monopoly on force. With postal reform, the market was increasingly opened to private providers. The Postal Act of December 22, 1997 fundamentally reformed the legal framework governing postal services. Since then, a historical postal monopoly no longer exists in its previous form; only for universal service are there still special provisions.

Current Postal Act (PostG)

The German Postal Act essentially regulates the provision of postal services, the relationship between postal companies and customers, and the supervision of the postal sector. According to § 1 PostG, postal services are defined as ‘the commercial transport of letter mail, including related services.’

Scope of Postal Services

Postal services include, among others:

• Letter mail (up to 2,000 g)
• Parcel and goods shipments
• Registered mail
• Express and courier services

Package and courier services are also covered in a broader sense, but may be subject to additional legal regulations, especially if weight limits are exceeded or when combined with logistical services.

Authorization and Supervision of Postal Service Providers

The provision of postal services as defined by § 4 PostG generally requires notification to the Federal Network Agency (BNetzA). Certain services require a separate license. The BNetzA supervises the postal market, can monitor companies, eliminate abuses, and sanction administrative offenses.

Obligations of Postal Companies

Postal companies must in particular observe the following obligations:

• Ensuring efficiency and reliability
• Compliance with data protection pursuant to the General Data Protection Regulation (GDPR) and the Federal Data Protection Act
• Observance of postal secrecy (§ 39 PostG)
• Liability for loss, damage, or delayed delivery (§§ 425 et seq. HGB for freight contracts, specific liability rules in the Postal Act)
• Universal service obligations (§ 11 PostG) for nationwide coverage

Protection of Postal Secrecy

Anchoring in the Basic Law and Implementing Legislation

Postal secrecy is specially protected in Article 10 (1) of the Basic Law (GG). The state must ensure that telecommunications and postal secrecy are upheld. This protection applies to all contents and circumstances of transmission, including traffic and inventory data.

Limitations on Postal Secrecy

Postal secrecy may only be restricted by law. The key legal foundations are:

• Code of Criminal Procedure (StPO)
• Act on the Federal Office for the Protection of the Constitution (BVerfSchG)
• Act to Restrict the Secrecy of Mail, Post, and Telecommunications (Article 10 Act)

Interventions are strictly limited and subject to stringent requirements, such as within the context of criminal prosecution, for public safety purposes, or by judicial order.

Universal Service and Access Obligations

Universal Service

The Postal Act ensures universal service to guarantee nationwide, adequate, and sufficient provision of postal services (§ 11 PostG). The specific conditions, particularly concerning quality, frequency, and accessibility, are detailed by statutory instruments and requirements set by the Federal Network Agency.

Access Obligations

To ensure competition, postal companies are required to grant other providers access to certain infrastructure and services where necessary for efficient market opening (§ 28 PostG). In this regard, the Federal Network Agency can specify access and pricing regulations.

Liability and Damages in Postal Law

Basis of Liability

Postal companies are generally liable for loss, damage, or improper delivery of consignments. Liability is limited by statutory provisions (§ 35 PostG), particularly to a specified amount per consignment. In cases of intent or gross negligence, the general civil law provisions apply.

Customer Protection and Complaint Procedures

For cases of damage, customers have both civil claims and operational complaint and investigation options. The Federal Network Agency may also conduct conciliation procedures.

Data Protection in Postal Services

The processing of personal data by postal companies is subject to detailed legal requirements. In addition to the GDPR and the Federal Data Protection Act, the rules of the Postal Act for protecting postal secrecy are particularly relevant. Data may only be processed for specific purposes and must not be disclosed without authorization.

Tax and Customs Considerations

Postal items may, under certain conditions, be subject to tax or customs regulations. Especially for international shipments of goods, relevant customs regulations and value-added tax considerations must be observed.

Special Postal Services and Special Regulations

Electronic Post (E-Post, DE-Mail)

Electronic postal services such as De-Mail or E-Post are governed by their own statutory regulations (for example, the De-Mail Act) and are both technically and legally differentiated from traditional postal services.

Postal Transmission in Legal Transactions

In the context of formal communications (for example, in civil proceedings, administrative procedures, or for the calculation of deadlines), postal transmission has special significance as a means of proof and delivery. Jurisprudence and special rules exist for this, including presumptions of receipt with postal delivery.

Post in International Law

Universal Postal Union and International Postal Law

Cross-border postal traffic is mainly organized by multilateral treaties, especially the World Postal Treaties within the framework of the Universal Postal Union (UPU). These norms regulate mutual cooperation, delivery obligations, and settlement procedures in international postal traffic.

European Legal Provisions

Postal services in the European single market are harmonized by European directives (in particular the Postal Services Directive 97/67/EC). These regulations cover market opening, universal service, protective measures, and consumer rights.

Summary

‘Post’ represents a comprehensive umbrella term for the provision of delivery services by private and public entities. The legal foundations of the German postal system are contained in the Postal Act, supplemented by numerous special provisions from administrative, data protection, customs, and international law. Particular emphasis is placed on the protection of postal secrecy, universal service obligations, licensing and supervision by the Federal Network Agency, and the close integration with European and international legal requirements. Observance of relevant obligations and protection mechanisms ensures the integrity, reliability, and legal certainty of the postal system.

Frequently Asked Questions

What legal regulations apply to the transportation of confidential letters by the post?

The transportation of confidential letters in Germany is governed in particular by the Postal Act (PostG) and the telecommunications secrecy in accordance with Article 10 of the Basic Law (GG). Postal service providers are legally obligated to observe the secrecy of correspondence and postal secrecy, meaning they may not unlawfully disclose or grant access to the contents or certain external characteristics, such as sender or recipient, to third parties. Violations of postal secrecy are punishable under § 206 of the Criminal Code (StGB) and may result in imprisonment for up to five years or a fine. An exception applies only where statutory exceptions are provided for, for example in the context of investigations by law enforcement authorities based on a judicial order. Thus, confidentiality and data protection have top priority for the Post, and any intervention is precisely regulated and subject to strict controls.

Who is liable in case of loss or damage to postal items?

Liability for lost or damaged postal items is governed by the general terms and conditions (AGB) of the relevant postal service provider and the statutory provisions of the Postal Act and the Civil Code (BGB). In principle, the company is liable for fault-based damages, such as those caused by improper handling during transport. However, liability is usually limited in amount, for example, to specific amounts per shipment (as stipulated by § 424 HGB in freight contracts or analogous values set by the postal provider for standard and valuable consignments). For valuable items, it is advisable to take out separate insurance. If the sender is a business, commercial law provisions may also apply. In cases of gross negligence or intentional misconduct, the liability of the postal service provider may be unlimited upon proof.

When may the opening of postal consignments occur legally?

The opening of postal consignments by third parties is generally punishable under § 202 StGB (violation of the secrecy of correspondence) and is therefore only permitted in exceptional cases and based on statutory regulations. Permissible exceptions include, in particular, official opening as part of criminal procedural measures, for example to avert danger or secure evidence, which regularly requires a judicial order (§§ 94, 98 StPO). Internally within postal operations, consignments may only be opened if there is an immediate danger (for example, suspicion of explosive or dangerous contents), and even then only in strict compliance with statutory and internal company provisions. Postal companies are also required to carefully document any access to postal items.

Are there statutory deadlines for delivery or retention of postal items?

Postal service providers are generally subject to contractual performance deadlines, which are set out in their general terms and conditions and any special agreements. There is, however, no general statutory deadline for delivery in postal law. Nonetheless, standards exist, such as the punctuality standards of Deutsche Post for letters (usually within one to two working days). With respect to the retention of undeliverable items, § 51 PostG requires that they be kept for certain periods—typically at least one month. Once these periods have expired, the item may be opened to determine the sender or recipient; if this is also unsuccessful, the items are retained for a further period or are properly destroyed.

What is the legal situation regarding redirection and retention of mail?

Redirection of mail usually occurs upon the request of the recipient or sender and is governed by contractual agreements with the postal service provider. The statutory provisions on data protection and postal secrecy apply in full; mail may only be forwarded to the rightful recipient or an expressly authorized person. The withholding or suppression of postal items by third parties is a criminal offense under § 202 StGB. In special cases, for example in inheritance proceedings, the probate court can, upon request, order temporary retention or redirection to the estate administrator (§ 2213 BGB).

What must be observed legally in the delivery of formal documents?

Formal service (e.g., by courts, authorities, or notaries) is subject to special legal requirements, particularly those of the Code of Civil Procedure (ZPO), the Administrative Court Procedures Act (VwGO), and other specialist laws. Service must be provable, usually by service certificate, registered mail with acknowledgment of receipt, or by the post using formal service. Precise documentation of the delivery process is mandatory in order to legally trigger the appeal periods for the recipient. Delivery to the correct addressee is essential; otherwise, delivery is invalid and may cause procedural delays. Relevant provisions also regulate substitute delivery, for example to cohabitants or into the mailbox, to ensure proper and legally secure delivery even in the absence of the addressee.

Under what circumstances may mail be seized?

The seizure of postal items is a severe measure strictly regulated under German law. Pursuant to § 99 StPO, mail can only be seized by judicial order if necessary to investigate a criminal offense and if there is specific suspicion. Access to mail is also only permitted if less intrusive measures for securing evidence are not available. Temporary seizure may also take place within the context of danger prevention measures, based on the respective state police laws. Postal service providers are obliged to comply with a seizure order, but as a rule may not independently inform the party concerned, so as not to jeopardize the investigation. Seized items are kept securely and may serve as evidence for law enforcement authorities.