In July 2018, Germany's Federal Court of Justice answered this question in a landmark ruling. Under that ruling, a person's digital estate can also be inherited and must be treated in the same way as the rest of the deceased person's estate. The digital data therefore passes to the heir by operation of law under universal succession.
The legal position of heirs was strengthened in the Telecommunications Digital Services Data Protection Act (TDDDG), which took effect on 12/01/2021. Section 4 of the TDDDG provides that a telecommunications service provider does not violate telecommunications secrecy when an heir or another authorized person exercises rights in place of the affected end user.
But even if the data then belongs to the heir, they often have trouble accessing it because they simply lack the login details. As a result, valuable data and memories can be lost. Many providers are also based abroad, which makes legal action against the operator more difficult. And without the password for an electronic wallet, any cryptocurrency is worthless to the heirs, even though it may contain substantial assets.
When preparing your advance planning statement for your digital estate, also consider serious, long-term illnesses. For example, if you have sole
authority over accounts, an envelope containing the most important login details for bank access, accounting software, and other important services can make everyday life easier for your loved ones.
Whether you have taken on the role of a trusted person or have become the heir to a digital estate, be aware that handling digital data means entering deeply into the person's privacy. Opening someone else's email inbox may bring to light things that cast the person in a different light or could hurt others' feelings if they became known. Please respect the person's privacy and only carry out the steps set out in the directive.
If you have inherited, remember that by accepting the inheritance, you also assume the deceased's obligations. To avoid financial losses, first make sure to cancel any ongoing memberships and contracts at the earliest possible date.
