Initial situation: Digital user accounts as part of the estate
Upon the death of a person, the question regularly arises as to how their digital user accounts should be handled. This particularly includes profiles on social network platforms. The focus is on whether and to what extent heirs have access to such accounts and what usage rights they have in relation to the platform operator.
Decision of the Federal Court of Justice: Legal succession also applies to social media accounts
Universal succession also includes digital contractual relationships
The Federal Court of Justice (BGH) has clarified that contractual legal positions from a social media usage relationship are generally inheritable. This means that upon the event of inheritance, the heirs assume the legal position of the deceased person from the usage contract. This result follows from the inheritance law principle of universal succession, according to which assets and contractual claims generally pass to the heirs.
Access not limited to mere insight
According to the decision, the heirs’ access is not limited to a mere reading right. Rather, the legal succession, according to the usage contract provisions, also includes the possibility to use the account to the extent that was available to the deceased person. Merely restricting access to a “read-only” mode is not sufficient if the contractual legal position of the original account holder included broader usage functions.
Relationship to data protection and personal rights
Data protection law does not fundamentally oppose the transition
The BGH also made it clear that data protection considerations do not automatically exclude the heirs from entering the usage relationship. As far as the data of the deceased person is concerned, the General Data Protection Regulation typically does not apply in the same manner as it does for living persons. Also, data related to communication partners do not automatically mean that heirs may only access it in a limited way, provided that the inheritance transfer of the contractual position is legally mandated and the use conforms with the contract.
Communication content and confidentiality
Digital communication may involve content that has a particularly close tie to privacy. The BGH’s assessment starts with the premise that the digital estate should not be treated any differently than analog estate items like letters or diaries, which can also pass to heirs. Thus, the social network is not viewed as a “lawless space,” but as an extension of an inheritable contractual relationship.
Implications for platform operators and estate administration
Contractual arrangements and technical implementation
The decision is also relevant for the practices of platform operators. If user contracts or internal processes foresee only limited access for heirs, this may conflict with the legal entry of heirs. The technical design (e.g., account status, access data, account conversion) should principally align with the inheritable contractual position.
Differentiation from special usage models
Whether special conditions apply in individual cases may depend on the specific contractual arrangement, account type, and circumstances of account management. The BGH derived the inheritability and scope of access from the general principle of inheritance law, thereby setting a standard against which comparable situations can be measured.
Classification and outlook
The BGH’s decision strengthens the classification of digital accounts as part of the estate and emphasizes that the inheritance transition should not be reduced to passive insight if the contractual usage rights extend beyond that. At the same time, there remains room for questions of differentiation, such as with different platform mechanisms or divergent contract clauses that may be subject to judicial review in case of disputes.
Those needing clarification in the context of digital estate and the scope of inheritance legal positions can seek individual legal advice in inheritance law through MTR Legal. Source: Juraforum, article “Digital Estate: Heirs may not only read but continue social media accounts,” available at the URL designated by the assignment.
