Heirs can access the deceased's online accounts

The management of digital inheritance is one of the most complex challenges in modern law, especially as individuals' lives increasingly unfold online. In a decision dated June 4, 2025 (No. 5516/2025), the Court of Venice issued a significant ruling on post-mortem access to digital accounts by heirs or other parties with a legitimate interest deserving of protection.

According to the judge, contractual clauses that prohibit the transferability of accounts or of the data they contain cannot prevail over national legislation on data protection, particularly Article 2-terdecies of the Privacy Code (Legislative Decree No. 196/2003, as amended by Legislative Decree No. 101/2018).

Article 2-terdecies: legal basis for post-mortem access

Article 2-terdecies of the Privacy Code provides:

“The rights referred to in Articles 15 to 22 of Regulation (EU) 2016/679 concerning personal data relating to deceased persons may be exercised by those who have their own interest, or act to protect the data subject, for family reasons deserving protection”.

This provision, read in conjunction with the GDPR, grants heirs and other authorized parties the right to access the personal data of the deceased, unless the de cuius explicitly prohibited such access through a clear and unequivocal declaration, made in writing or by other unambiguous means.

The case: a disputed digital account between heir and provider

In the case brought before the Court of Venice, the heir of a deceased individual filed for urgent relief, asking the court to order the digital service provider to preserve the data associated with the deceased’s account and to later transfer that data.

The applicant's motivations were both moral (retrieving personal memories, photos, and messages) and financial, since the account’s contents could help challenge creditor claims brought against the estate.

Although the provider expressed willingness to cooperate, it relied on a contractual clause that required automatic account closure and data deletion upon the user’s death, claiming that an explicit judicial authorization was necessary.

The court’s ruling: post-mortem privacy rights prevail

Initially, the judge dismissed the application, upholding the validity of the clause. However, on appeal, the court reversed its decision, holding that:

• Standard contractual terms cannot override the rights granted under Article 2-terdecies;
• Merely accepting terms and conditions does not amount to an express intent by the deceased to deny post-mortem access;
• The right to access digital data may be exercised for moral reasons alone, without the need for financial justification.

In the absence of a clear and specific expression of intent by the account holder to prohibit access after death, the interests of heirs and other legitimate parties prevail.

Contractual clauses vs. testamentary intent: when do they really count?

A central aspect of the decision concerns the legal value of contractual clauses. The court emphasized that simple acceptance of user agreements—often drafted unilaterally by service providers and rarely read or fully understood by users—cannot be equated with a genuine testamentary disposition.

According to Article 2-terdecies, only a clear and specific will, such as inclusion in a testament or designation of a "legacy contact" through platform tools, may lawfully exclude access to digital data after death.

Practical implications for users, heirs, and providers

This decision has far-reaching practical implications:

• For users: it is essential to become aware of the ability to manage one’s digital legacy during life by issuing specific instructions on the handling of personal data.
• For heirs: the ruling reinforces the right to access the deceased's data and content, even in the face of opposition from platform providers.
• For digital companies: it is crucial to ensure their terms of service comply with national legislation, and to implement transparent procedures for managing post-mortem data.

A turning point in case law on digital inheritance

The case decided by the Court of Venice contributes to the broader legal debate on the relationship between privacy rights, contractual freedom, and digital succession. In a fragmented legal landscape, this ruling stands as a significant judicial precedent, helping to define a balance between the wishes of the deceased and the rights of the heirs.

It affirms the principle that the protection of a deceased person’s personal data must be weighed against the moral and financial interests of surviving parties, and that only a clearly expressed intent can lawfully restrict such access.

Pending a comprehensive legal framework—possibly through a dedicated digital succession law—the case law will continue to shape rules suited to the digital age. That’s why turning to professionals such as Agenzia delle Successioni can be essential in exploring this complex and evolving area in depth.