DIGITAL INHERITANCE IN THE LIGHT OF THE FUNDAMENTAL RIGHT TO DATA PROTECTION

• DOI: 10.22533/at.ed.2163122307066

• Palavras-chave: Inheritance law, digital inheritance, digital assets, digital data, fundamental right to data protection.

• Keywords: Inheritance law, digital inheritance, digital assets, digital data, fundamental right to data protection.

• Abstract:

  Data constitute the new wealth in the context of the information society, composing a new kind of good: digital goods, which range from files - such as e-books, photos, videos and audios, to platform accounts, airline miles, among others. so many possibilities. There are still many technological issues in need of regulation, highlighting in this work the theme of the transmission of digital assets from a deceased person to his heirs, constituting the digital inheritance. Thus, this research seeks to understand the transmission of post mortem digital assets, in the context of the absence of legal provisions, observing the fundamental right to the protection of personal data and the particularities of each type of digital asset. To achieve this objective, a survey was carried out based on the indirect documentation technique and the deductive method. Finally, despite bills against the law, the feasibility of applying the understanding set out in this work is already seen in court decisions.