How to transfer your digital assets in the event of death

Under Article 2-terdecies of the Italian Privacy Code, digital assets that can be transferred upon death include various intangible digital items, whether or not they have financial value.

Digital assets with financial value may include cryptocurrencies, literary works, software, photographs taken by professional photographers, and so on. Non-financial digital assets may include family photos posted on social media, email correspondence, and personal writings not intended for publication.

Although national law grants heirs the right to inherit the deceased’s digital assets, these assets may remain unknown to heirs—especially if the deceased did not prepare an inventory or share access credentials with third parties or designated representatives.

To avoid the risk of losing digital assets—either through deletion by online platforms due to prolonged inactivity or because of lack of access to the deceased’s accounts—it is advisable to plan the transfer of one’s digital legacy using appropriate legal tools available under inheritance law.

The distinction between financial and non-financial digital assets is important when choosing the correct legal instrument for transferring your digital estate.

Non-financial digital rights can be transferred through a post-mortem mandate, a legal arrangement in which the appointed agent agrees to perform specific actions on behalf of the deceased after their death—such as sharing passwords or deleting certain digital data.

This type of contract does not violate the ban on inheritance agreements under Article 458 of the Civil Code, as it does not involve the transfer of ownership but merely provides access credentials, ensuring confidentiality until death.

For digital assets with financial value—such as cryptocurrencies, architectural projects, literary works intended for publication, professional videos or photos—a last will and testament is the more appropriate tool.

Given the complexity of the subject, it may be helpful to consult a firm specialized in inheritance matters, such as Agenzia delle Successioni, which can provide guidance and assistance to heirs. The first consultation can be requested by filling out a form.