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Alternative title:

Inheriting digital assets based on the Terms of Service of Facebook social network

Subject and Keywords:

digital content   civil code   inheritance law   inheriting   social network   click-wrap   profile   Facebook   death of a user   memorialized account   legacy contact   deleting account


Nowadays a considerable part of our lives is spent in the virtual world, and accounts on social networks are no longer used only to keep in touch with friends, but also to help with the development of a business or building an image. As social media content may represent both sentimental value and significant financial value, it would be reasonable to enquire whether such content could be inherited by the heirs of deceased users. The present article analyses the most important provisions of Facebook’s Terms of Service and the tools provided by Facebook related to the death of users. The discussion regarding the content of the agreement between the user and Facebook is accompanied by an analysis of the applicable provisions of the Polish law. The author also aims to draw attention to the urgency to adjust the instruments of inheritance law to users’ current needs.

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doi:10.34616/144084   ISSN 2082-100X



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Copyright by Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

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WR U/PAdal