During its session, held on the 5^th of September 2019, the Communications Regulation Commission (CRC) has considered the received inquiries of the postal operators in connection with the application of art.20, paragraph 1, item 11 of the Law on Postal Services /LPS/. In this regard CRC expresses the following position:

Within the meaning of the paragraph 1, item 14 of the supplementary provisions of the Law on Postal services (LPS), “sender” is any natural or legal person that sends a postal item and/or postal money order. According to par.1, item 15 of the supplementary provisions of LPS, "receiver" is any natural or legal person specified in the address of the postal item and /or the postal money order for which they are destined for.

When “the sender” is legal person it is a party to the contract with the postal operator. Article 20, paragraph 1, item 11 of LPS refers to a person who has been authorised by the sender generally and not just to conclude the contract. Therefore, if an employee of the sender /legal person physically submits the postal item at a point of access, he/she acts as a representative within the meaning of the Law on Obligations and Contracts. Identically, when collecting a postal item from the sender as a courier service, the natural person who submits the postal item on behalf of the sender, acts as its representative within the meaning of the Law on Obligations and Contracts and/or an agent according to Article 30, paragraph 2 of the Commercial Law.

In the light of the above, we consider that article 20, paragraph 1, item 11 of the LPS requires collection of identification data of the natural person submitting  the postal item to the postal operator. The LPS does not envisage different regimes according to the way of payment and therefore we consider that identification data of the sender should also be collected in case of cash payment for the service.