Scientific article
OA Policy
English

The Decision of the German Federal Court of Justice against Facebook: Opportunity to Define Digital Heritage?

Published inSantander Art & Culture Law Review, vol. 6, no. 2, p. 251-260
Publication date2020
Abstract

The German Federal Court of Justice recently ruled (27.08.2020 – III ZB 30/20) that Facebook must grant parents direct access to the account of their deceased daughter. At the same time, the parents are prohibited from actively using the account. In this way, the judges established binding standards for the use of social network accounts of deceased users. Beyond inheritance and data protection law, the judgment provides an opportunity to prompt ongoing discussions about sustainable ways of safeguarding, as well as providing access to, digital content. Against the backdrop of a jurisprudence sensitized to the humanities, the two authors encourage a reflection on “spaces”, “containers”, and more generally on the significance of digital media for our everyday lives and future generations.

Keywords
  • Digital inheritance
  • Digital heritage
  • Access
  • Law & humanities
  • German Federal Court of Justice
Affiliation entities Not a UNIGE publication
Citation (ISO format)
MAGET DOMINICÉ, Antoinette, HAUX, Dario Henri. The Decision of the German Federal Court of Justice against Facebook: Opportunity to Define Digital Heritage? In: Santander Art & Culture Law Review, 2020, vol. 6, n° 2, p. 251–260. doi: 10.4467/2450050XSNR.20.018.13021
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Article (Published version)
Identifiers
ISSN of the journal2391-7997
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