What issues arise with contracts and Terms of Use after death? | ScriptaLegal
Personal Business Packages & Subscriptions
Français About us Create a free account Log in
Interactive legal guides Legal frequently asked questions Legal blog Videos
ONLINE LEGAL DOCUMENTS
Frequently asked questions > Asset protection > The virtual patrimony > In case of death, what is the main problem related to the contracts and Terms of Use of service providers and which your heirs will have to face?

In case of death, what is the main problem related to the contracts and Terms of Use of service providers and which your heirs will have to face?

The main problem with virtual assets is the way different service providers handle your accounts and the information they contain.

In the event of death, some providers only allow the outright closure of a deceased person's account without giving you access to the contents of that account, which could cause potential inconvenience to his or her estate and heirs since access to the deceased's documents and files will not be permitted.

In the case of account closure, a procedure may be required by service providers to close a deceased's accounts, often requiring the submission of several documents in support of the request. The specific details of this procedure may vary from one provider to another.

Some providers of social networking services consider that the information you put on your account simply belongs to them, since they consider it to be the logging of files that you have made on a server belonging to them; this is then indicated in the "click contract" that you enter into with such a provider. For its part, Facebook offers its users the option of transforming a deceased person's Facebook page into a "tribute", but only under certain conditions.

In the case of cloud services, it is the contract signed with these providers that will determine the right of access of heirs or the liquidator of the estate to the data stored by the deceased.

To close an account in the event of death, the vast majority of providers will require various documents. Often, their requirements may not respect the confidentiality of certain information concerning the deceased, such as the transmission of his/her will.

It is important to note that there is no uniform procedure on the Web among service providers that should apply in the event of death. In many cases, it is Internet users themselves who have lobbied certain providers for some kind of procedure in the event of a user's death.

This browser does not support this kind of file. Please download the file to view it: Download the file