UAE: Social media platforms should allow users to set legacy options, legal experts say

As lives become increasingly intertwined with digital platforms, the question of what happens to online identities after death has come to the forefront. Legal experts argue that social media accounts should be classified as digital assets as they highlighted the importance of establishing legacy options for users.

Romano Dolbey, head of the Wills and Inheritance Department at James Berry & Associates Legal Consultants, emphasised the need to recognise social media accounts as more than just licenses to use a service. “The main challenge is that most platforms do not acknowledge accounts as property,” he told Khaleej Times. “Instead, users hold a licence, complicating the concept of inheritance. If something isn’t owned, it cannot be inherited.”

Dolbey highlighted the distinction between digital identity and property, noting jurisdictional challenges since platforms operate globally, with each jurisdiction having its own rules governing property and inheritance. “Clear laws are essential to define whether digital accounts can be inherited as property or as part of an estate,” he said.

This thought-provoking topic took centre-stage during a debate at the Federal Supreme Court in Abu Dhabi on Wednesday, November 20. The discussion explored whether the digital footprints we leave behind can be legally passed to heirs.

Defining consent, digital heirs

Addressing privacy concerns, particularly since social media accounts often contain sensitive information, Dolbey suggested the need for clearly defined concepts of consent and digital heirs. “Wills should specify how digital accounts are managed after death, ensuring that access to private data is restricted unless explicitly permitted by the deceased,” he stated.

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He also emphasised on necessary legislative updates in the UAE to manage digital inheritance effectively. “We must redefine what constitutes an asset,” Dolbey asserted, drawing parallels to Latin terms such as 'Res Nullius' (something belonging to no one) and 'Res Derelictae' (abandoned property). He emphasised the importance of defining terms like “tangible” versus “intangible” in local laws.

When asked about the practical implementation of digital inheritance laws, Dolbey proposed a dual approach involving both platform mechanisms and legal processes. “Social media platforms should allow users to set legacy options, such as appointing a digital heir or choosing to memorialise, delete, or transfer accounts,” he explained. He also advocated for wills to include provisions for digital assets, with specialised digital executors managing the transfer.

Challenges in digital inheritance

“One of the primary legal challenges is the issue of privacy,” said Byron James, a partner at Expatriate Law and an international family law expert. “Social media platforms often have strict terms of service that may prevent accounts from being transferred or accessed by heirs.”

James highlighted the need for clearer regulations for digital inheritance. “Legislation could mandate social media platforms to offer users the ability to designate digital heirs or provide clearer pathways for next-of-kin access,” he suggested. He pointed out that while the UAE has a robust legal framework for inheritance, specific provisions for intangible digital assets are necessary.

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