• Home
• /
• UAE

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

They also emphasised on necessary legislative updates in the UAE to manage digital inheritance effectively

As lives become increasingly intertwined with digital platforms, the question of what happens to online identities after death has come to the fore. 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 and Associates Legal Consultants, said there is a need to recognise social media accounts as more than just licences 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.

Stay up to date with the latest news. Follow KT on WhatsApp Channels.

He also emphasised on necessary legislative updates in the UAE to manage digital inheritance effectively. “We must redefine what constitutes an asset,” Dolbey said, 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.

Looking to international practices, James cited Germany’s Federal Court of Justice ruling that social media accounts should be treated like letters or diaries, setting a precedent for inheritable digital assets. “The UAE could draw on such examples while respecting local legal traditions,” he added.

Technical perspective

Mousa Sayed, a technical expert in digital asset management, emphasised the feasibility of implementing legacy options on social media platforms. “Many platforms already have the infrastructure to facilitate user data management; it’s just a matter of adapting these features for legacy purposes,” he explained. “For instance, by allowing users to designate digital heirs within their account settings, platforms can establish a clear protocol for transferring ownership after death.”

Sayed also pointed out the importance of ensuring data security and user privacy in these processes. “Any legacy feature must prioritise the deceased's privacy, restricting access to sensitive information unless explicitly allowed,” he stated. “Implementing secure authentication methods for digital heirs can help ensure that only authorised individuals manage the account posthumously.” He believes that with the right technical frameworks in place, social media platforms can not only protect users’ digital legacies but also enhance their overall trustworthiness.

ALSO READ:

• UAE: Should social media accounts be part of inheritance?

• UAE jobs: Employees need to learn new skills as AI can take over routine tasks, says expert

• New social media laws: UAE agencies work with licensed influencers to avoid hefty fines

• UAE: Social media influencers seek more clarity on new licensing rules