Digital Legacy

Digital Legacy

More and more personal information, contracts, and memories are stored digitally today – from email accounts to social networks and cloud storage. But what happens to this data after death? Digital legacy is becoming increasingly important, but it is not always clearly regulated by law. Those who make timely provisions prevent conflicts and data loss.

The digital legacy includes all online accounts, files, and digital access points left behind by a deceased person, such as emails, cloud data, social media profiles, or digital assets.

Part of the Digital Legacy

The digital legacy includes all electronically stored content to which a deceased person had access during their lifetime. This particularly includes:

• Access to online services (e.g., email, social media, streaming, shopping)
• Digital assets (e.g., cryptocurrencies, balances, PayPal accounts)
• Cloud and storage services (e.g., Google Drive, Dropbox, iCloud)
• Contracts and memberships (e.g., mobile phone contracts, online subscriptions)
• Personal data (e.g., photos, videos, emails, chat histories)

The digital legacy is therefore not a separate inheritance share, but part of the entire estate.

Access to Digital Accounts

Heirs generally succeed to all property-related legal relationships of the deceased – this also applies to digital content, provided it is not of a highly personal nature. However, in practice, relatives often encounter limitations:

• Providers like Google, Facebook, or Amazon often block access, based on their general terms and conditions.
• The domiciles of many platforms (USA, Ireland, etc.) further complicate legal enforcement.
• Without access data, even legitimate heirs often remain excluded.

Heirs do have the right to take over digital assets. However, without knowledge of their existence or without a password, this right is worthless. Especially with wallets or encrypted accounts, the entire balance can be lost.

However, private content such as chat histories or photos are subject to data protection restrictions, especially when third parties are involved.

Obligation to Secure or Delete

There is no obligation to secure or delete, but without appropriate provisions, relatives often lose important information or risk sensitive data becoming public. Common problems:

• Unpaid bills due to uncancelled online services
• Lost passwords and data access
• Legally unclear ownership of digital goods
• Accidental publication or misuse of sensitive content

Sebastian Riedlmair
Harlander & Partner Attorneys „Digitale Daten sind heute Teil unseres Vermögens. Wer nicht vorsorgt überlässt private und wirtschaftliche Inhalte dem Zufall.“

Recommendations for Managing Digital Legacy

Anyone who wants to make proactive arrangements for their digital affairs should take concrete measures early on:

• Create an inventory: Maintain an up-to-date list of all accounts, services, and wallets (incl. usernames)
• Securely deposit passwords: for example, with a lawyer, notary, or via an emergency password system
• Regulate access: Appoint a trusted person and grant explicit power of attorney for administration
• Supplement last will and testament: Determine who should receive or delete specific digital assets
• Observe data protection: Check which content can be transferred or deleted (e.g., photos, emails)

Anyone who documents passwords should keep the decryption code (e.g., for an encrypted archive) separately. For example, with another trusted person or in a secure notary function.

Including access data in the will is also not advisable, as too many people would gain access. Furthermore, the document would have to be re-established with every change. External, regularly updated solutions are more practical.

Your Benefits with Legal Assistance

Our law firm helps you to,

• legally record your digital accounts and content,
• create a tailored estate plan,
• review contracts, general terms and conditions, and terms of use,
• enforce existing digital rights in probate proceedings.

With our support, you avoid legal disputes, data loss, and unpleasant surprises.

Frequently Asked Questions – FAQ