The so-called “digital inheritance”: need of regulation? Study of Spanish and Comparative Law

Abstract

The use of the internet has been expanded in such a way that the digital world represents a daily element in our life. Nowadays, products and services –analog or digital- are constantly purchased through the internet; digital documents are stored in the cloud; pictures, private information or opinions are uploaded on social networks or blogs and games and leisure activities are carried out through the internet. But ¿what’s the fate of a person’s electronic communications when he dies, of the information stored by him on the network or of the digital music or books acquired through the internet? This paper analyzes the problems involved in the transfer of digital assets upon death and highlights that the probate system is not sufficient to solve them and specific regulation should be enacted. It continues by examining the legal solutions proposed or enacted in different legal systems with the purpose to obtain conclusions about the best way to regulate this issue. These conclusions are compared, finally, with the rules contained in the Spanish Bill of Protection of personal data currently in process.