[ Diretor: Mário Frota [ Coordenador Editorial: José Carlos Fernandes Pereira [ Fundado em 30-11-1999 [ Edição III [ Ano XII

sexta-feira, 6 de outubro de 2017

Death on Facebook: Lawyers push for EU rules on digital inheritance

Thursday, 5 October 2017


This article is part of our special report EU law goes digital.

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.

Languages: Deutsch

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