Continue living digitally?

Sander van der Meer

The world around us is becoming more digital every day. But while our physical presence is transient, our digital creations, conversations and data can last forever. But who has control over this information after we die? We delve into the developments and discussions around digital legacy, privacy after death, and how current and future legislation is shaping up to answer this. In addition, we show you 18 tips for First Aid for Digital Death (EHDO).

The House of Representatives and the Protection of Digital Legacy

In 2019, Digital Legacy Expert Sander van der Meer advised a subtle but significant adjustment to the General Data Protection Regulation (GDPR) during roundtable sessions in the House of Representatives. His proposal was to amend the GDPR in such a way that it would also provide protection to surviving relatives after death. This would mean a fundamental shift in how we approach the privacy of the deceased and the control that surviving relatives can exercise over the digital legacy.

‘Data after Death’ and the Quest for Regulation

A notable milestone was the publication of the report ‘Data after death’ in 2021, commissioned by the Ministry of the Interior. This report highlights the complexity of digital legacy and the need for clear regulations. Despite growing media attention, such as the article in PC-Active 327 warning against inadvertently turning tech giants into ‘digital heirs’, legislation is still lagging behind.

Current legislation: GDPR, DMA, and DSA

Currently, the GDPR does not provide for post-mortem privacy protections, which seems logical since the regulation focuses on living individuals. However, this opens up a grey area for survivors who want to access or control the digital legacy of the deceased. The European Union’s recent Digital Marketing Act (DMA) and Digital Services Act (DSA) bring innovations in digital marketplaces and online services, but leave the specific issue of post-mortem data untouched.

The role of E-ID and awareness campaigns

The E-ID system (electronic identity card) offers a digital method for identity verification, essential in our digital society. But even in this initiative there is nothing to be found how you, for example, as a surviving relative, could identify yourself in order to access precious data and access to digital legacy remains a challenge.
In response to this, the Digital Coexistence Alliance launched the campaign ‘I’m dying and leaving behind…’, aimed at raising awareness of digital legacy in the Netherlands.

This year, the Digital Life Legacy knowledge center will once again be giving presentations on digital legacy throughout the country at libraries, schools, funeral fairs, but also for associations, foundations, charities and municipalities, recently also for HCC in Haarlem.

Future visions and discussions

Digital Life Legacy has introduced a free GPT for digital legacy, although for the time being a plus account with OpenAI is still required.

This GPT is aimed at survivors, funeral directors, notaries, (after)care specialists and anyone interested in this crucial aspect of modern inheritance and is applicable to the Dutch and Belgian situation.

The GPT can be found as “Digital Legacy Expert” via Explore GPTs (https://lnkd.in/eBWRg62j)

Conclusion

The conversation around digital legacy and data protection after death is complex and evolving. As we navigate the digital future, it’s critical that lawmakers, technology companies, and individuals work together to shape policies that honor both the living and the deceased. It’s a conversation that affects us all, because in the digital eternity, the line between life and death may not be as definitive as we once thought.

First Aid for Digital Death (EHDO)

Here you will find 18 tips on First Aid for Digital Death.

1. An overview of the digital legacy

Make someone responsible for an overview of all hardware such as phones, computers, external drives and USB sticks but also email addresses, social media and online accounts and prevent everyone from trying (the same) codes and passwords. Also practical for a later division regarding the inheritance.

2. Be careful when trying access codes on a deceased person’s phone

More and more phones and tablets are equipped with a device code, swipe pattern, fingerprint or facial recognition. Too many incorrect attempts can permanently block the device or reset it to factory settings with loss of all data!

3. Remain available for contacts of the deceased

With this tip, you can answer calls, read text messages, and even receive and respond to WhatsApp chats that come into your loved one’s phone number:

• • remove the SIM card from the deceased’s phone and place it in another smartphone
• • install WhatsApp on the other phone
• • if WhatsApp finds a backup of the deceased, restore it to this phone
• • for example, create a WhatsApp group where you can collect everyone’s contact information for a card, condolences and the funeral

4. SIM card PIN and PUK code

A SIM card is provided by the telecom provider, always has a 4-digit pin code and is necessary to be able to call, text and WhatsApp. If the pin code is unknown, you can reset it with a PUK code that you can find with the telephone subscription or can request from the provider.

5. Record the voice of the deceased via voicemail

Call the deceased’s number to hear if a personal voicemail is active. It can be nice to hear that voice again and to have it recorded.

6. Do not immediately give the deceased’s mobile number

Let the number run for at least six months to be able to settle everything. To save costs, you can convert it to sim-only or pre-paid.

7. Two-step verification linked to phone number

If the mobile number is cancelled, you will often no longer be able to log in to services that use confirmation text messages and two-step verification.

8. Keep your precious WhatsApp messages safe

If the deceased’s WhatsApp account is not used for a long time, the profile picture will change to the standard gray silhouette and you may receive notifications that the user is logged out of WhatsApp groups. There is a risk that the chat history on your own phone will also be deleted! Save WhatsApp chats with your loved one in a booklet, including date and time, emoticons and images like you see on your phone now. Use a service like: www.whappbook.com With the code DLLWHAPP10 you will receive 10% discount at checkout.

9. Decide what to do with social media accounts

In addition to cancelling, you can also opt for a so-called memory page on a number of social media. This keeps the profile picture and all messages, but no new responses can be posted and you avoid embarrassing messages about, for example, the birthday of the deceased. To change the status, a death certificate is often required and this should preferably be done from an existing account on the same social media. On the knowledge base of Digital Life Legacy (https://digitallifelegacy.nl/kennisbank/) you can find the most recent step-by-step manuals.

10. Logging in to a deceased person’s computer

Although it can be very useful to have usernames and passwords of deceased persons, you cannot simply inherit an account and logging in with these details can even be punishable. If you do start working with passwords and codes, keep track of whether they (still) work and how many attempts you have made if they do not.

11. Try looking for the deceased’s phone number or photos

Use a search engine to see if and where the deceased’s phone number is still listed. You can also search for photos using ‘Google Images’. To do this, click on the camera icon on the right in the search box and upload a photo of the deceased and Google will show similar images and pages on which they appear.

12. Be careful when cancelling your internet and email subscriptions

Some email accounts are linked to the provider’s internet subscription and if that is terminated, you will never be able to access your email again.

If you still have access to the deceased’s email account, set it so that new emails are forwarded to an email address of the survivors. You can also send an automatic reply with a message about the death.

13. Don’t cancel domain names too quickly

Many companies, ZZP’ers and individuals use domain names, with or without a linked e-mail address. Simply cancelling them (or having them canceled) can result in websites that are still in use no longer being accessible and no more e-mail coming in. Changing or closing domain names can result in accepting the inheritance.

14. Digital assets such as cryptocurrencies

Online financial assets in the form of cryptocurrencies such as Bitcoin and Ethereum but also non-fungible tokens (NFTs) have a value and can be part of the inheritance. Because these items are not always physically found, it is often unclear to survivors where this can be found, while it can be important for dividing the inheritance. It is possible to contact companies such as Digital Life Legacy D for support and/or to gain insight into these goods.

15. Do not simply give away or sell hardware such as computers and smartphones

Be careful when giving away or selling phones or computers to agencies, thrift stores or online marketplaces. If personal data is not properly removed, it can be misused.

16. Be careful with cancellation services

More and more online accounts and memberships may involve credits, accumulated points or acquired rights. First, make everything transparent and secure important matters. Once you have cancelled, it cannot be undone.

17. Be careful when cancelling online assets

The cancellation or termination of online assets such as crypto currency, Non-Fungible Tokens (NFTs) but also other items of value such as cloud storage of image or music collections, can result in the unconditional acceptance of the inheritance.

18. Digitize online memories

Analogue data carriers, such as video tapes in the form of VHS, Betamax, Video8, hi8, but also cassette tapes and LPs, can be digitised by, for example, Digital Life Legacy and offered as a download link or transferred to an external data carrier.