The digital ballast left by a person can also be claimed by his heirs. The maintenance of memories in Internet pages and blogs has grown considerably in the last decades. Besides, it is possible to have profitable profiles on digital platforms, acquire NFTs and cryptocurrencies. However, the same problem can occur in these cases:What destination will be given to said information and content when the owner dies? In other words: What will digital heritage be like?
Not yet regulated in Brazil, despite the existence of bills in the pipeline, digital inheritance involves digital and intangible assets owned by individuals. Concern for regulation also implies access to assets, often protected by passwords known only to the account holder, explains the lawyer Caroline Pomjé, partner in the Family and Inheritance area of Silveiro Advogados. “A digital fortune can become inaccessible if the deceased has not left the private access key, for example. The debates on the subject are incipient, with many variables that must be taken into account, such as the will of the owner of the digital heritage, the conditions of use of the different platforms and even the right to privacy of third parties.”, analyzes the specialist.
Categories
The lawyer explains that digital goods can have economic content, as is the case of cryptocurrencies, composing the patrimonial sphere of its owner. In addition to this economic sphere, digital goods They can also have an existential character, linked to an affective sphere, as is the case of accounts maintained on social networks. Finally, the two spheres can coexist on the same asset: these are the so-called hybrid digital goods, for which the transfer is more complex.
“The breadth of possible digital heritage is considerable. Those who are in the online universe are very likely already holders of legal situations that, in the future, will become digital assets. Whether it’s a social network account, an email or a ‘cloud’ space with photos and videos. In all these cases, we have examples of digital goods with existential content. The social network profile, however, can be used to advertise the owner’s professional activity, which leads to its characterization as a hybrid digital asset.”, explains the specialist.
Third party rights
Some profiles remain active even after the death of their owner, and even it is possible to consider generating income while maintaining your monetization. One of the great unknowns that surrounds the issue lies in how to operationalize the eventual transmission to the heirs without infringing the rights of a third party.
“Could successors directly access that profile? Would it be possible for an heir to access the account even if the deceased did not expressly authorize it? How to reconcile this possible access with the right to privacy of third parties? Can a successor open a closed profile on a social network or would that also harm the autonomy of those who have died?he wonders.
“Faced with so many questions, it is worth reflecting on the fate of digital assets -heritage, existential and hybrid- that would best serve their interests. Despite the lack of a specific regulation, there are mechanisms that can help the previous organization, such as succession planning and making options directly on the platforms that maintain virtual profiles.”, concludes Pomjé.
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