We all have digital data and activity that is essential to our lives, from social media, e-mail accounts, online banking, and cloud storage. But have you ever thought about what would happen to all this data if you were to die? Most people don’t think about their digital legacy when they plan their estate, but it can have legal and emotional ramifications for those they leave behind.
Digital data after death (or memorabilia) in the UK: The laws are changing, and it is a complex problem. Being aware of what happens to different types of accounts and working to take proactive measures can make a big difference. This blog will discuss what happens to your digital data on death, the legal framework in the UK and how to make sure your digital legacy is protected and available to those who need it.
Digital data is any information about a thing that is stored in a system or device. This can be social media accounts, email services, financial platforms, cloud storage, and even personal subscriptions. Because many of these services contain sensitive personal and financial information, it’s important to consider how they should be handled after one pass away.
Social media accounts such as Facebook, Instagram and LinkedIn include personal notes, pictures and memories that loved ones might want to keep. Personal and professional email accounts often have sensitive information. Some online financial asset documents (e.g., banking accounts, cryptocurrency wallets) need specific access credentials to be accessed.
The same goes for subscription services like Netflix, Spotify and even news sites, which may charge you a fee unless cancelled. Cloud storage, such as Google Drive and Dropbox, might hold valuable documents, while e-commerce sites such as Amazon and eBay may house unused gift cards or bank details.
This means that those platforms and websites you pay for a subscription to use, don’t give you full ownership of the service. This means when someone dies, their data does not immediately move to their family or next of kin. Each platform has its own policies on what happens to accounts after someone dies, and those can sometimes lead to complications.
Preserving the pseudonymisation does not, it is argued, break the link to the purpose for which the data was originally collected (Article 89(1) And Recital 156) under the General Data Protection Regulation (GDPR), and therefore, the personal data remains without effect even after a person’s death.
This means that it can be difficult to access a deceased person’s accounts without previous legal arrangements. And many online services will not hand over data unless the user has made specific arrangements beforehand.
Another way to make sure digital assets are handled appropriately upon death is to mention these in a will and specify a digital executor. A digital executor manages online accounts and data according to the deceased’s wishes.
Family members might have a hard time accessing or shutting down important accounts without specific directions, which can create stress when a family member passes away.
(Most major social media sites provide options for dealing with accounts after a user dies.) Facebook and Instagram will memorialise accounts, letting loved ones visit the page without it being active. Family members can also ask for accounts to be deleted. LinkedIn and Twitter generally deactivate accounts once provided verification of death.
Without prearrangement, accessing a deceased person’s email account can be difficult. Google and Microsoft demand specific legal documents before granting access, and some email providers may deny access outright. Business and personal emails can be lost without login information.
Bank accounts are typically addressed as part of the estate through a legal process that controls how funds are distributed based on the deceased’s will. But cryptocurrency wallets require their own approach.
These cryptocurrencies including Bitcoin and Ethereum may never be recovered without private keys or recovery phrases. If these assets are not carefully planned for, they could be lost.
Most subscription services keep billing until manually cancelled, resulting in expenses that can be worsened for the deceased’s family. Families should also review active subscriptions, and contact service providers to close accounts.
The same goes for e-commerce accounts that hold payment information and gift card balances that might need to be retrieved or closed.
Cloud Storage Service Providers such as Google Drive and Dropbox, require login credentials to access. Lacking previous planning, important documents, photos, and records put away in the cloud could be lost everlastingly. Setting up a digital will or secure storage for access credentials can help avoid this problem.
Planning for digital data management can spare loved ones added stress and headaches.
Among the first things is to build a digital inventory listing all online accounts, log-in credentials and other associated email addresses. This inventory should cover social media, email, financial services, and key digital assets.
Use a password manager to store login information securely. Services such as Dashlane or LastPass could share access with a trusted person in case of emergency.
Including a digital executor in a will can help make sure that the right people are managing online accounts and handling specific directions for managing digital data.
It may help to read up on the policies of the platform. Services such as Google have Inactive Account Manager, which lets users designate what they’d like to happen to their account in the event of inactivity for a designated period.
Keep your digital list updated with new accounts and services. Keeping your digital legacy current means you won’t miss an important account.
When a loved one passes away, setting their digital data in order can be a complicated and emotional affair.
Platform Restrictions: Many key online services have strong terms of use and do not grant access via account login without prior arrangement. Without the right documentation, families can find it hard to get essential information.
Another concern is security risks. Sharing login information can present potential privacy and fraud concerns, particularly if accounts are left open and active. Whenever possible, a secure way to manage access needs to be used.
Digital data can be an emotional burden to loved ones as well. Managing a deceased person’s online presence can feel overwhelming, so getting professional help can be a useful avenue.
GentleTech is a service that offers caring and professional assistance when it comes to dealing with the data the deceased left behind.
We provide Digital Inventory Creation, assisting clients in securely documenting and organising their digital assets. Our technical assistance ensures online accounts are accessed, memorialised or securely closed to the wishes of the family.
For appointed digital executors, we also detail how to navigate legal requirements and platform-specific policies to ensure that accounts are processed correctly. We provide one-on-one support as well, checking in periodically to ensure that families are keeping their digital legacy plans up to date.
In another instance, a family was trying to access a loved one’s crypto wallet but didn’t know the login credentials. GentleTech collaborated extensively with them, finding recovery options and contacting the platform providers, and eventually recovering the assets.
The advantages of planning for digital data after death an organised plan can mitigate the burden on loved ones and help reduce the stress and uncertainty. It even aids with the preservation of memories, keeping precious photos, videos, and messages safe and shared with family.
Good, digital planning can also keep fraud at bay and protect identity and access to personal accounts. Lastly, as mentioned in the previous sections, dealing with all digital assets at once through a structured approach will help manage all your estates in an organised manner, which is bound to make it more efficient while not compromising on your other estates.
Planning for your digital data after your death is an important part of contemporary estate planning. Today, invest in your digital legacy and keep your digital world of account user.
We want to help you prepare your digital future with gentleness. So, reach out today and discover how we can help you take control of your digital legacy.
Take the next step. Contact GentleTech today for a free consultation: 0204 616 0300
