EU regulatory perspectives on digital legacy in view of the respect owed to the dead: a blessing for individuals and a curse for businesses?

Abstract

Early this year the European Parliament, the Council and the Commission proclaimed
that everyone should be able to determine their digital legacy, and decide what happens with
their personal accounts and information that concerns them after their death, a declaration
that paves the way for post mortem protection of personal data at the EU level. The paper
discusses the digital legacy in view of the respect owed to the dead and assesses the challenges
that may arise from consecrating a right to digital legacy for businesses that process personal
data of deceased persons. The article argues that the effectiveness of the right to decide what
happens with personal data after death is – at least from a civil law perspective – an
expression of the respect due to the dead as to their memory. It also contends that a future
regulation should cover the situation when the deceased persons did not determine what
happens with their data. Furthermore, the paper highlights the importance of technical and
organisational measures to be implemented by all businesses that sooner or later are going to
process information that concerns the living after their death.