Abstract: Throughout this article we envisioned a brief analysis of the “digital legacy” concept, reflecting the specific case law and its impact on comparative legislation. The fact that we live in a digitized world means that we face challenges unbeknownst to inheritance law. First of all, we need to address the terminology: what is a digital asset or data and in what manner can it be the object of an inheritance. Although digital legacy is a relatively new concept, it is a powerful one, for it involves the future in its most natural surroundings: the digital information seen as a different dimension, based on a physical medium. The “digital” concept relies on two essential features. The first one is a technical one and encompasses the use of data from an electronic standpoint, respectively the data left behind by a user, who is not essentially an individual.  The other aspect concerns the cultural and juridical perspective of how someone’s data can be considered an asset or property. In this light, we notice the baffling approach of legislators: mainly relying on the good will of those who work with data, this leading to inconsistent or vague legislation. Thus, the aim of the article is to analyze the legal implications of the digital experience in terms of inheritance law.

Keywords: digital inheritance; digital content; digital assets.

 

Introduction