Abstract

The handling of the so-called digital estate, in particular user contracts for social platforms such as Facebook, Xing, etc., has led to discussions in Germany for some time about how these should be assessed under the law of succession. Legal problems arise from the various, sometimes controversial interests of the heirs, the decedent, the contracting partners and the communication partners, also with regards to secrecy of telecommunications and data protection. On the 12th of July 2018 the German Bundesgerichtshof (BGH), in its judgment not only decided specifically the question of the heritability of a Facebook account, but took the opportunity to clarify the fundamental questions raised in this regard. As a result, the ruling is taking on a pioneering role for German legal practice on digital heritage.

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