Your guide to digital inheritance

Almost everyone uses the internet today and leaves digital footprints with every action they take. But what happens to all this data, accounts and even digital assets after we die?

It is usually the relatives who take care of the digital legacy after the death of a family member. However, this is often not without difficulties, as without access data there is usually not much that can be done. Cancelling online contracts can therefore prove to be very difficult and time-consuming.

Take the burden off your loved ones in advance and take responsibility for creating a digital legacy that provides information about data, accounts and passwords and determines what happens to them. With a digital legacy, you are also exercising your own right to informational self-determination.

To date, there is still no legal regulation governing digital inheritance in Switzerland. As a general rule, an inheritance is transferred to the heirs as a whole (Art. 560 para. 1 ZGB(opens in new tab)). Digital data stored on a local data carrier or terminal device is automatically included in this. However, the inheritance of data stored online is not clearly regulated.

If your digital data is stored locally on a computer, USB stick or hard drive, it will automatically be transferred to your heirs in the event of your death. However, from a legal perspective, what happens to your data stored on the internet is not (yet) clearly regulated. The problem is that inheritance, personal rights and copyright issues overlap here.

From a legal perspective, your data is part of your regular inheritance and will automatically be transferred to your heirs. Personality rights generally end with death and cannot be inherited, while copyright can be passed on.

Until there is a clear legal basis for digital inheritance in Switzerland, you can use a digital will to determine what happens to your data.

What digital data do you have? Where is it stored and how do you access it? Get an overview and decide what should happen to the data after your death.

Previous generations did not need to worry about continuing to exist on the internet after their death. Today, things are different: every day, the amount of digital data on virtual storage media or social networks increases – and it is rarely deleted.

Decide for yourself what should happen to your online data after your death. We will show you how to easily formulate your digital legacy:

1. Get an overview

Get an overview of your own online activities:

• What digital accounts do you have? List all online services and keep this list up to date. Don't forget your e-banking, smartphone, computer, e-mail account or accounts with paid subscriptions.
• Collect your login details and store them in a password manager (Identity Security from Swisscom) or in another secure location (safe or similar).
• Cancel services that you no longer need.

2. Which data should be retained?

Consider which of your data should remain on the internet after your death. Make a formal note of your wishes (handwritten or in a publicly certified form).

3. Who should manage your digital estate?

Designate one or more trusted individuals to manage your digital estate. Create a list of access rights and instructions for each estate contact and draw up a legally valid will.

Note: Your digital estate does not necessarily have to be included in your will, but can be recorded separately. Ideally, however, you should include a corresponding passage in your will to ensure that your digital estate is also taken into account.

4. Where can you store legacy contacts?

Recently, Apple(opens in new tab), Google(opens in new tab) and Facebook(opens in new tab) have started offering the option to store legacy contacts in your account. This allows your trusted person to easily access your data after your death without having to transfer the account.

Note: However, many online services do not yet give relatives access and will deactivate the profile after a certain period of time or delete the account.

5. Update your digital legacy

Will there be any changes to your digital legacy in the future? New accounts, login details, legacy contacts? Remember to update your legacy at regular intervals.

The death of a loved one often brings not only grief, but also a host of obligations. Bereaved relatives may ask themselves: What digital legacy does the deceased person leave behind? And what should be done with their digital data on social media and other platforms?

Here are a few tips on how you, as a surviving relative, can manage the digital legacy of a deceased person with as little effort as possible:

Get an overview
What were the deceased person's online activities and is there anyone who might have comprehensive knowledge of them?

Gain access to the email account
With a death certificate or certificate of inheritance, you can usually gain access without any complications.

Paid subscriptions or contracts
What ongoing subscriptions and contracts are there, and how can you cancel them at the next possible date?

Delete user accounts
Which accounts for online shops or other services are still in the name of the deceased person?

Delete social media accounts or set them to memorial status
Which accounts did the deceased person have? If you are not listed as the estate contact, your options are limited: the various regulations of the service providers apply.