Regulation of the inheritance of digital assets in the Croatian legal system Part II

Abstract

The expansion of digital processes has been present in all areas of citizens' lives for a long time, accordingly, a large amount of digital data and content, i.e. digital assets, is being created. At the same time, the accelerated development of digitalization and computerization leads to the phenomenon of building a digital identity for individuals that remains in the virtual world even after their death. Therefore, the question of post-mortem transfer, management and protection of digital assets arises. In legal practice, it is necessary to determine what constitutes the decedent's digital assets and which digital assets of the decedent enters the estate, that is, which digital content is inheritable. Due to the insufficient legal regulation of the institute of digital inheritance and the ignorance of users of digital assets as to the contractual provisions of digital service providers, ‘de lege ferenda’, it is necessary to establish sound legislative frameworks not only at a national but also at the international level so that legal practitioners can make decisions related to the post-mortem transfer of digital assets and harmonize legal practice.