Austria: Digital Estate

 

Due to the ever-advancing digitalization, a large amount of data and digital content accumulates over the course of a person’s life, and unless these are rights and obligations of a highly personal nature, they can be inherited as part of the estate in the course of death. In the case of online service providers, there is often no special relationship of trust between provider and consumer, so that no top personality can be assumed. The digital estate, like other assets, becomes the property of the heirs.

In addition to digital assets such as cryptocurrencies, this also includes user accounts on social media platforms such as LinkedIn, Instagram, Facebook, etc. or e-mail accounts, accounts with online shops or streaming service providers.

If no appropriate provision is made for the digital estate, the problem often arises that the heirs are not aware of the digital content of the deceased. Therefore, no access can be granted for this reason alone. For example, in the case of Bitcoins, this would mean that due to the loss of the wallet code, there would also be no access to the digital currency. In addition, there is a risk that well-known online service providers will deny access to the account after the death of a user, this is often justified by the concluded general terms and conditions. Thus, even if the account is known, the problem can arise that without the specific access data, there is no possibility for the heirs to dispose of it. Often, the service providers are based abroad, so that legal enforcement is accompanied by additional hurdles.

To ensure that your privacy protection continues to be protected after your death, we recommend that you deposit a list with the complete access data to your digital estate. A list in the will is not recommended due to the wide range of people involved in the probate proceedings.

We therefore offer the secure storage of a list of access data in our law firm. This is only handed over to the heirs under certain conditions, which have been determined in advance by the testator. In addition, we keep the list on record and remind you annually of any updates.

 

For further information, please contact:

Hanna Lemberger, Lawyer

Zumtobel + Kronberger, Salzburg

e: lemberger@eulaw.at

t: +43 662 62 45 00

 

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