Boletim informativo e fórum de discussão da apDC - associação portuguesa de Direito do Consumo (www.apdconsumo.pt), sociedade científica. Toda a colaboração publicada é da responsabilidade dos seus autores.
[ Director: Mário Frota [ Coordenador Editorial: José Carlos Fernandes Pereira [ Fundado em 30-11-1999 [ Edição III [ Ano X
sexta-feira, 6 de outubro de 2017
Death on Facebook: Lawyers push for EU rules on digital inheritance
A group of lawyers are pressuring EU
legislators to propose rules that could force internet platforms to hand over
data that belongs to another person who had died or is being cared for.
A group of lawyers are pushing for new EU
legislation to clarify when internet companies must share data with a person's
caretaker, or their family after death.
Lawyers pushing for new legislation argue that
there is a need to create rules that apply across the bloc because internet
companies, banks and social media firms might be headquartered in a different
member state from where a person’s guardian or heir lives.
“We definitely need uniformity of law in this
digital area,” said Sjef van Erp, a professor who is directing research on
digital inheritance through the European Law Institute.
Van Erp said that American companies already
comply with a similar law in the United States. A 2015 model law is in effect
in most US states, other states are not required to implement it.
But Van Erp said the US version could be a
cautionary tale: the EU should avoid a patchwork system so that lawyers can
easily find out whether people have bank accounts or profiles on social media
and other online services regardless of where they’re based.