Mail secrecy and emails: This is the legal situation
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The secret of letters and telecommunications is firmly anchored in the Basic Law. It prohibits opening letters from others, as well as the transfer of private content. In this post, we explain what this means in relation to private and business emails.
Legal regulation on the confidentiality of emails
The secrecy of letters and telecommunications in the Basic Law has a clear regulation to protect private and personal communication. We will explain what this means for emails.
- Like a letter, an e-mail is a transmission of information that is addressed to a specific person. Like addressing on a letter, the content is sent to a specific person's email address.
- The violation of the confidentiality of letters by opening a foreign letter or an email is punishable under paragraph 10 of the Basic Law.
- Anyone who publishes the content of the third-party e-mail or carries it forward is punishable under paragraph 206 of the Criminal Code. This is usually punished with a fine, but can also result in imprisonment for up to two years.
- Employees of a telecommunications provider can even be imprisoned for up to five years.
- This means that nobody can read or publish your private emails without your express consent.
Regulation of business email inboxes
Almost every employee now has his or her own email inbox. Some employees also occasionally use their business email accounts to send private emails.
- Usually, business emails are on a par with business mail. This means that the employer can decide who can see the mail or email mailboxes if you are on vacation or sick, for example.
- However, if your employer tolerates or allows the private use of your business email account, it acts legally as a telecommunications provider.
- As a result, he must observe telecommunications secrecy in accordance with paragraph 88 of the Telecommunications Act, which must not be violated in accordance with paragraph 10 of the Basic Law, such as correspondence.
- This means that your employer may not access your email account if you tolerate private use, and also do not allow any other employee to view your email inbox. This also applies if you are sick or on vacation.
Do you know that you have the right to educational leave as an employee? We will explain to you in the next post which regulations exist and what you need to consider.