WHAT HAPPENS TO MY “DIGITAL HERITAGE” IF I DIE? PART 2

Goal and tasks: The purpose of this article — which is divided into two parts — is to verify is a “digital heritage” is transmissible mortis causa. Scientific Importance: The “Digital Revolution” has been transforming all aspect of social and economic life, including the concept of heritage. In this regard, the idea that a “digital heritage” — which is made up of virtual goods (such as domain name, password, username, social account, email, etc.) — can be configured is beginning to take shape. Methods: In this second part, the author focuses on the analysis of the Italian and European legislations concerning the protection of the privacy of the deceased, because the providers often justify the exclusion of the heir from taking over the same contractual position as the deceased by virtue of the need to protect the personality rights of the de cuius. After that, she focuses on the position of Jurisprudence. Main conclusions: At the end of this second part, the author substantiates the conclusion that the “digital patrimony” is transmissible mortis causa. So, she suggests some legal instrument that can be used by the de cuius to dispose of the virtual goods.