The Digital Legacy: An Underestimated Inheritance in the Age of Connectivity

Digitaler nachlass

In an era where digitalization permeates every aspect of life, it seems inevitable to deal with one’s digital legacy in a timely and careful manner. Alongside material possessions and emotional keepsakes that one wishes to leave to loved ones, awareness has increasingly shifted to central aspects of one’s passing and emergency scenarios – the so-called digital legacy.

However, to date, this part of the legacy has received little of the attention it deserves. The digital legacy encompasses everything that transpired in the digital space during one’s lifetime. This includes personal data, online identities, impersonal customer accounts, and the so-called digital remains. Particularly in business contexts, access to such intangible heritage can be of existential importance. In times when digital accounting, the Internet of Things (IoT), and artificial intelligence are becoming increasingly vital, it is essential to guide acquired knowledge and digital documents into orderly paths.

In the private sphere, the protection of these digital legacies is often even more valuable. Personal messages, photos, and other significant memories – whether shared via email, on platforms like Facebook, or other services – should not fall into the wrong hands or become completely inaccessible. In a world where even baby photos and love letters often exist only digitally, the loss of these digital memories can cause unimaginable emotional gaps.

A particularly poignant example underscoring the importance of the digital legacy is the case of a Berlin couple who tragically lost their daughter. Their child was killed when she fell in front of an incoming train – a disaster that plunged the parents into a vortex of grief and torturous uncertainty. Seeking answers – was it an accident or suicide? – they encountered the unyielding barriers of bureaucracy. Despite possessing the access credentials, Facebook, citing privacy concerns, refused the grieving parents access to their deceased daughter’s account once it had been converted into a memorialized state.

This painful experience reveals an urgent human and legal issue that affects us all. The commemoration of the deceased should not be shattered by rigid bureaucratic rules. The appeal to humanity and interpersonal solutions cannot be emphasized enough here. While the parents deserve deep sympathy, perhaps through higher authorities or a societal shift in thinking, a fairer, more empathetic solution could be found.

The legal frameworks for the digital legacy are currently inadequately regulated, exacerbating the inability to manage sensitive digital information. Legally, the digital legacy is treated like any other inheritance, which often does not meet the specific requirements and emotional burdens involved. Apart from legal regulations, technical barriers play a significant role as well. Many service providers have their own guidelines for handling the accounts of deceased users, which are not always in line with the wishes of the bereaved.

Insights into practice show that some major platforms like Google and Facebook offer tools to manage digital legacies, but these often fall short of covering the entire need. A comprehensive approach is required that harmonizes the legal, technical, and emotional aspects. A will that specifically addresses the digital legacy could provide relief here. Such a document would need to contain clear instructions on who can access the various accounts and how the information contained within them should be handled.

In summary, it can be said that the digital legacy is becoming an increasingly important topic that requires both individual attention and structural solutions. The tragedy of the Berlin couple vividly illustrates the profound consequences of an unregulated digital legacy and appeals to society to treat the issue with the seriousness it warrants. Ultimately, it is crucial to prevent valuable personal memories and essential business data from being lost in the digital void.