Digital Generations: The legacy of social media

Abstract

Digital transformation has reshaped the way individuals interact and create content, giving rise to a digital identity that outlasts a person’s lifetime. This digital identity has evolved to become an extension of one’s physical identity, with social media playing a significant role in both personal and professional facets of life. This paper analyses the legal treatment of personal data and digital assets after the death of their owner, with a particular focus on the regulations in Spain and Catalonia. Drawing on the current legal framework, it examines the protection of digital identity after death, the applicability of Spain’s Organic Law on the Protection of Personal Data and the Guarantee of Digital Rights (LOPDGDD) and the right to a digital will. Issues covered include the transfer of digital assets, the role of heirs and the autonomy of service providers in managing the accounts of deceased users. The study also looks at the challenges and limitations of existing regulations and the need for a harmonised framework to ensure the proper management of digital estates. The Constitutional Court ruling of 17 January 2019 and the development of electronic wills in different legal systems provide insights into emerging trends in the protection of digital memory and succession rights in the digital sphere.