With the expansion of the digital world, people are accumulating more and more personal information, documents, photos, passwords, videos, emails, and other data in online services and cloud storage. But what happens to this data when someone dies? Who can access it? Can it be deleted, inherited, or does it become a “digital ghost”? This article explores the concept of digital legacy, its legal and technical aspects, and provides practical advice on how to manage our data according to our final wishes.
1. What is digital legacy?
Digital legacy refers to the collection of digital assets, data, and online portfolios that a person leaves behind after death. These include:
- email accounts
- social media profiles (Facebook, Instagram)
- documents stored in cloud services (Google Drive, Dropbox)
- cryptocurrencies and NFTs
- websites, blogs, YouTube channels
- streaming service subscriptions
2. What happens to them after death?
2.1. Default scenario
Most service providers state in their terms and conditions that files and data are not “owned” but licensed. This means that, by default, the legal fate of the data is deletion.
2.2. Legal access
In some cases, heirs or estate executors can gain access through legal proceedings. In Hungary, the Civil Code also regulates access to information systems.
2.3. Automatic inactivity protocols
Services like Google and Facebook allow users to specify in advance what should happen to their data if they become inactive.
3. Technical challenges and options
3.1. Encrypted data and passwords
Password managers (e.g., Bitwarden, 1Password) may include legacy features if configured in advance.
3.2. Physical devices left behind
Phones, laptops, and messaging apps (e.g., Signal) contain a lot of data but are often not recoverable.
3.3. Advantages of cloud services
Data stored in online services is usually more accessible via legal or technical means.
4. Legal and privacy considerations
4.1. GDPR impact
GDPR applies only to living individuals, but the data of surviving relatives remains protected.
4.2. Will and digital instructions
Creating a digital will and listing passwords, subscriptions, and crypto assets can help heirs manage the estate.
4.3. Access lawsuits
Several court cases have dealt with access rights (e.g., Apple vs. heirs).
5. What can we do in advance?
5.1. Create a digital will
Record all your online accounts, subscriptions, crypto holdings, and master password manager key.
5.2. Use digital legacy tools
Google Inactive Account Manager, Facebook Legacy Contact, Apple Digital Legacy, etc.
5.3. Communicate with family
Discuss your preferences about your digital presence in advance.
6. Future trends
- AI-based digital memorials (virtual avatar, chatbot)
- Digital identity management services (supported by blockchain)
- Legal codification: specific legislation for digital estate handling
Digital legacy is not just a technical issue—it has legal and human dimensions. If managed responsibly, it can preserve valuable memories for our loved ones and help avoid the complications of data loss or legal disputes.
