Managing your digital legacy
These days, virtually all of us have a digital life. Our daily activities are stored on the servers of most major web platforms, like Google, Facebook, and Apple, in the form of posts, videos, photos, emails, and online chats. Added to this are digital assets such as points accumulated in loyalty programs, and sometimes even cryptocurrencies.
After we die, what happens to these various accounts and assets? Their fate is uncertain, as it often depends on the terms of service of the platforms involved.
First, it’s important to know that our online accounts could remain online indefinitely. In fact, the terms of service of most major tech platforms stipulate that our accounts will remain online indefinitely unless we delete them.
Second, it is important to note that our loved ones may be unable to access certain data that holds sentimental value for them, such as photos posted on social media. The terms of service associated with these digital platforms and the privacy protections provided by law impose restrictions on access to a deceased person’s online accounts.
How can you manage your digital legacy?
Whether you want to retrieve data stored or published online, or simply close an account, the process can be complicated. Most of the time, this will require you to manage each of your online accounts with the tech platforms that hold your data. Plan ahead!
To help ensure that your wishes regarding your online presence are respected after your death, here are a few tips:
Do your research! If you’re concerned about what will happen to your data after your death, take the time to review the policies of online platforms before storing your content there. Have you already created an account and no longer agree with their policies? It’s time to move your data elsewhere!
Customize the settings on tech platforms. Some platforms, such as Apple, Facebook, Google, and Instagram, allow users to choose what will happen to their online accounts and digital assets upon their death. Familiarize yourself with the different options available to you and make your choices in advance.
Back up your data. You can start downloading important data, such as cherished family photos and memories, and keep a copy in a place that’s easily accessible to your loved ones.
Make a list of your online accounts. We often have many online accounts, and it can be difficult to remember what kind of data we’ve stored and where. Just imagine: when you’re no longer here, your executor—the person responsible for settling your estate after your death—will have the daunting task of tracking down each of your online accounts. Help your executor in advance by compiling a list of your online accounts that you can keep in a secure location.
Make sure the person you appoint as your executor has sufficient digital skills in case they need to manage your online accounts or digital assets.
Talk to your notary about your digital life and the various social media accounts and digital assets you own so that the appropriate provisions are included in your will. You can also ask your notary if they can securely store your list of online accounts along with instructions on how to access them.
What should you do with your passwords?
In addition to making a list of your online accounts, you might decide to write down the passwords for each of your accounts in a document or use a password manager and share a single password with your loved ones. However, this approach is not without risk!
If you use a list of your passwords, you must remember to keep this list up to date, which can be a tedious task. Some accounts may also be protected by additional security measures, which could make accessing them more difficult.
Many major tech platforms prohibit their users from sharing their passwords with anyone. Such disclosure could result in immediate account deletion if the company finds out.
Do not include your passwords directly in your will. Upon your death, this document will be viewed by several people to confirm the death and may even be made public if the will is not notarized.
Any questions?
Contact us and our notary will be happy to answer them free of charge.