A digital legacy can make the death of a loved one even more difficult. For the administration of this legacy includes the obligation to be maintained in digital form. If the deceased did not leave any instructions, the heirs – legal and appointed – are often at a loss when faced with this intimate mass of digital data. The possibilities opened up by the internet, social networks and AI overturn the usual mourning rituals and raise the question as to what new needs are emerging in the funeral sector.
This research project examines the legal challenges arising from death in the digital age and analyses how Swiss law governs the digital traces, personal data, and digital assets of deceased persons. It focuses on issues of personality rights, data protection law, inheritance law, and copyright law. The project demonstrates that the existing legal framework was largely developed in an analogue era and is therefore only partially equipped to address the realities of digital environments.
The research explores, in particular, the concept of the digital estate, heirs' access to the personal data of deceased persons, the continued application of professional secrecy after death, and the legal classification of emerging technologies such as digital avatars, so-called "deadbots", and other forms of digital posthumous presence. It also analyses digital estate planning services, online memorial platforms, and post-mortem messaging services.
The project concludes that the current legal framework is fragmented and that legislative reform is needed in several areas. On this basis, it develops concrete recommendations for legislators, professional associations, and providers of digital services.
Books
- Tod im digitalen Zeitalter. Rechtliche Ergänzung, Nula Frei (et al.), TA-Swiss.
Lien : https://www.ta-swiss.ch/tod-im-digitalen-zeitalter
Book Chapters
- Death in the digital age under Swiss law – selected issues relating to legal personality, data protection, privacy and inheritance law, Nula Frei, in V. Zlatescu (Ed.), Protection of Personality in the Digital Age, 2024.
Radio and TV Interviews
- Die digitale Trauer hat ihre Tücken, sagt Prof. Dr. Nula Frei, Interview with Nula Frei, Fernuni.
Lien : https://fernuni.ch/artikel/die-digitale-trauer-hat-ihre-tuecken-sagt-prof-dr-nula-frei
