Definition and legal origin of the Postregal
Das Postregal is a historically developed sovereign right (regal), which granted the state the exclusive right to establish and operate postal services within its territory. The term derives from the Latin “regale” (royal prerogative) and played a central role in the organization of postal systems in European states during the modern era, particularly within the Holy Roman Empire of the German Nation and later in the German states. The Postregal thus encompasses the state’s authority to regulate, oversee, and license the conveyance of letters and parcels, as well as to levy postal charges.
Historical development of the Postregal
Origin in the Holy Roman Empire
The Postregal emerged in the 16th century as a result of the increasing exchange of information. With the establishment of the Thurn-und-Taxis-Post, the Postregal was first institutionalized. The emperor claimed the right to establish postal routes or grant concessions.
Development in the German states
With the Peace of Westphalia and the dissolution of central imperial power, regional rulers also obtained the right to establish or allocate their own Postregal. In the 19th century, the Postregal took on new significance within the German Confederation, especially in the context of the Imperial Post and later the German Imperial Post.
Abolition and privatization
With postal reforms brought about by technological progress, particularly in railway and telecommunications, the Postregal was gradually restricted and essentially abolished with the privatization of postal enterprises in the 20th century. The state’s role shifted toward oversight and regulation.
Content and scope of the Postregal
Exclusivity of the Postregal
The Postregal granted the state the exclusive right to provide postal services and set postal charges. Private providers could only operate with state permission or on behalf of the state. This included establishing postal roads, postal stations, and organizing the transport system, as well as the collection of fees.
Postal police powers
The Postregal also included sovereign powers, such as the control and monitoring of telecommunication traffic, enforcement of postal secrecy, and the postal monopoly including the discretion to confiscate postal items.
Sovereignty over charges and finances
The collection of fees for delivery services fell under the Postregal. Postal rates were subject to approval and calculation by state authorities.
The Postregal in German law
The Postregal in the Imperial Constitution and Basic Law
Already in the Imperial Constitution of 1871, the Postregal was standardized in Article 48. In the Basic Law of the Federal Republic of Germany, the Postregal appeared in Article 87f GG. The existing section granted the federal government a monopoly on the conveyance of letter mail, until the postal reform in the mid-1990s abolished the monopoly.
Significance in the Postal Act (PostG)
The German Postal Act (PostG) of 1997 marked the end of the traditional Postregal. Instead, it regulates the licensing of private postal service providers and lifts the state monopoly. The Federal Network Agency now monitors compliance with legal requirements and ensures the provision of postal services.
Postregal and public services
Even after privatization, the basic provision of postal services—as part of public services—remains a responsibility of the state. The Postregal thus serves as a legal-historical forerunner of today’s regulatory instruments to guarantee access for all citizens to postal infrastructure.
International Postregal and supranational development
The concept of the Postregal was widespread in the European context and was internationally acknowledged through agreements such as the Universal Postal Convention of 1874. With the liberalization of the postal market in the European Union and other jurisdictions, exclusive rights were dismantled and the significance of the Postregal in its original sense was reduced.
Literature and case law on the Postregal
The implementation and limitation of the Postregal, particularly case law regarding monopoly position, consumer rights, and market access, have shaped current postal law. Significant literature and court decisions address the transformation from monopolies to regulated markets and the resulting legal challenges.
Summary
The Postregal is a historic state prerogative that enabled the exclusive provision and regulation of postal services by the state. While it no longer exists as a state monopoly in practice, its legal framework forms the basis for state oversight of the liberalized postal market and is highly relevant to understanding postal law and the regulation of communication services.
Frequently Asked Questions
What legal requirements apply to the use of a Postregal in companies?
The use of a Postregal in companies is subject to various legal requirements, particularly regarding data protection, personal rights, and the confidentiality of postal items. Under § 202 StGB, unauthorized opening or obtaining of postal items is a criminal offense, so access rights to Postregals must be clearly regulated and controlled. The Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR) also require technical and organizational measures to protect personal data, which also applies to written communication on paper. Companies are therefore obliged to ensure that only authorized persons have access to the respective mailboxes and that postal items are not left unattended or generally accessible. Especially for confidential or sensitive communications, it is advisable to use lockable Postregals to minimize liability risks.
Who is responsible for lost or damaged mail in an internal Postregal?
Responsibility for the loss or damage of postal items within a company-internal Postregal primarily follows the employer’s organizational duties under labor law. The employer is required to organize internal mail distribution so that items are safely delivered. If loss or damage occurs due to insufficient security, the employer is generally liable for damages to the injured party. If an employee is responsible for mail management, liability may also arise under the principles of employee liability, though there is a privilege for minor negligence. Employers should define internal policies for handling the Postregal and regularly monitor compliance to reduce liability risks.
How can data protection be ensured when using Postregals?
When operating a Postregal within a company, the requirements of the GDPR and the BDSG must be observed whenever personal data is processed. This means unauthorized third parties must not have access to confidential or personal documents. Mail should be stored so that personal data or sensitive information is protected against access or viewing by unauthorized persons. This can be ensured through individually lockable mailboxes, regular emptying, and clear assignment of boxes. Proper documentation and regular review of organizational and technical safeguards are expressly recommended to avoid data protection sanctions in the event of violations.
May Postregals be used for employees’ private mail?
Whether Postregals may be used for private mail from employees is generally a matter of labor policy within the company. If there is no explicit regulation, the employer may prohibit or regulate private use through appropriate instructions. If the employer allows receipt and delivery of private mail, additional data protection obligations for the confidentiality of such mail arise. Mixing private and business mail in the same mailbox should be avoided, and company instructions should be documented to prevent potential conflicts regarding responsibilities or liability.
What are the legal consequences of violating confidentiality in the use of Postregals?
A breach of confidentiality regarding the use of Postregals can have significant civil and criminal consequences. The unauthorized opening, reading, or forwarding of business or private mail from the Postregal may be punishable under § 202 StGB (violation of the secrecy of correspondence). Civilly, affected persons or companies can claim damages, for example, in cases where confidential information is disclosed. In addition, violations of data protection regulations can result in substantial fines from supervisory authorities, particularly if personal data is insufficiently protected. Employers are therefore well advised to establish clear rules for access and responsibility and to appropriately train all employees.
Are companies required to document the use and organization of Postregals?
Yes, companies are required to document the organization of postal traffic, including the use of Postregals, especially when processing personal data. This is derived from the documentation and accountability obligations under Article 5(2) GDPR. The documentation should at least include information on access authorizations, measures to ensure confidentiality, and organizational procedures for mail distribution. Regular review and adaptation of these documents as part of internal audits or external reviews is advised to ensure legal compliance.
What employment law consequences do employees face for misuse or unauthorized access to the Postregal?
Employees who access the Postregal without authorization or misuse its use face disciplinary consequences ranging from a warning to immediate dismissal. The severity of consequences depends on the individual case, particularly whether the violation was a first or repeated offense, whether intent or gross negligence was involved, and what consequences resulted for the company or affected third parties. Employers are also obliged, as part of their duty of care, to ensure a legally compliant and confidential use of the Postregal and must take appropriate measures to sanction and prevent violations.
What regulations apply to the retention period for items in the Postregal?
The legal requirements for the retention period of items in the Postregal depend on the content and purpose of the mail. For business documents subject to tax or commercial retention periods, the respective deadline pursuant to the Commercial Code (§ 257) and the Fiscal Code (§ 147) applies, which can range from 6 to 10 years. For other documents, such as internal communications, there should be an internal policy stipulating that uncollected mail should be removed, archived, or destroyed after a reasonable period (e.g., two weeks). It must be ensured that destruction meets data protection requirements and prevents unauthorized access.
