Digital legacy: reflections on regulation and challenges in the succession of digital assets

Abstract

The digital inheritance has become relevant in the context of law, compelling the legal sphere to experience new institutions, namely digital assets and virtual personality. It brings with it various issues, such as a lack of effective regulation, absence of succession planning, and impacts on users' privacy and intimacy. In this context, the research aims to address the guiding question: "To what extent can we develop regulatory and practical approaches to address the succession of digital assets, taking into account the technological, legal, and ethical complexities involved, without compromising users' privacy and intimacy?" The hypothesis posits that it is possible to find a balance between practical and regulatory needs while preserving users' privacy. Adopting the hypothetical-deductive method and a review of scientific literature, it was concluded that it is feasible to enact legislation capable of regulating the issue, ensuring the rights of heirs, autonomy, interests, privacy, and intimacy of the deceased. Furthermore, until such legislation exists, the will can and should be the adopted means to address the issue at hand.