The 21st-century will: who will inherit your digital identity?

In succession law, inheritance has traditionally been about tangible assets: property, financial assets or the family business. But as artificial intelligence advances, a new question arises: who will manage your digital identity when you are gone?

Today, anyone with access to your videos, photos or voice notes could, in theory, recreate your image or your voice using cloning or synthetic content technologies. What once seemed like science fiction is now a technical reality that raises profound legal questions.

Protecting memory from the algorithm

In Spain, the legal framework — in particular Organic Act 3/2018 and Organic Act 1/1982 — already provides mechanisms to protect the honour and image of deceased persons. However, technology is moving faster than the law can keep up, leaving your online footprint in a situation of uncertainty. That is why it is worth:

• Appointing someone you trust: a person who will manage your accounts, social media and digital content when you are gone, following your instructions.
• Deciding how your image and voice may be used: making it clear whether or not you allow your photos, videos or voice to be used (for example with artificial intelligence), particularly for public or commercial purposes.
• Organising your digital legacy: stating what you want to be kept and what you would prefer to be deleted, to protect your privacy and your family’s.

Planning ahead: updating your will

At Arias Advocats we believe that legal foresight is the only effective way to stay in control in the digital world. We therefore advise our clients on including specific clauses in their wills:

1. Appointment of a digital administrator: a trusted person with delegated powers to carry out your wishes regarding your online presence.
2. Instructions on the use of your identity: a formal record prohibiting (or allowing, within limits) the recreation of your voice or image for commercial purposes or public dissemination.
3. Digital legacy protocols: defining which information assets should be preserved and which should be permanently deleted to protect your family’s privacy.

Your identity is your most personal asset. Making sure that who you are and what you stand for are respected in the future, whatever technology may bring, is a responsibility to take on today.

Have you thought about who will manage your digital legacy? At Arias Advocats we help you structure your succession with a comprehensive, forward-looking approach. Contact us for a specialist consultation.