RIGHTS AND OBLIGATIONS OF SUBJECTS INVOLVED IN DIGITAL INHERITANCE RELATIONS

Аннотация

The expansion of digital technologies has reshaped the concept of inheritance, introducing the new phenomenon of digital inheritance. This paper explores the legal status, rights, and obligations of various subjects involved in digital inheritance relations, such as heirs, digital service providers, notaries, and state institutions. By analyzing comparative legal approaches, including the legislation of the European Union, the United States, and Uzbekistan, the paper identifies legal gaps, the role of contractual terms (such as Terms of Service Agreements), and the need for regulatory harmonization. The study pays special attention to the legal nature of digital assets, the intersection of privacy and succession rights, and the role of fiduciary duties in managing digital estates. The article concludes by offering policy and legislative recommendations to clarify and protect the interests of stakeholders in digital inheritance. Keywords: digital inheritance, digital assets, heirs, service providers, privacy, fiduciary duties, Uzbekistan, legal regulation, succession law, data protection Introduction. The advent of the digital age has not only transformed modes of communication, commerce, and social interaction but also introduced complex legal issues surrounding the fate of digital assets after death. Traditional succession laws, developed for tangible and financial property, often fail to address the challenges posed by digital assets such as social media accounts, cloud storage, digital wallets, intellectual property in digital form, and cryptocurrencies. This paper investigates the legal nature of digital inheritance and the rights and obligations of various subjects participating in this process. These include the decedent (testator), heirs or beneficiaries, digital platform providers, public notaries, and state registries or regulators. The study adopts a comparative legal method, analyzing legal frameworks and practices in selected jurisdictions, with a focus on Uzbekistan's evolving legal system. 160 CURRENT APPROACHES AND NEW RESEARCH IN MODERN SCIENCES International scientific-online conference Defining Digital Inheritance. Digital inheritance refers to the transmission of digital assets and digital rights from a deceased person to their legal successors. It includes both economic and personal elements, ranging from Bitcoin wallets to photos stored in iCloud accounts.1 Digital assets can be broadly classified into: Personal-use digital content: Emails, photographs, social media accounts Financial digital assets: Cryptocurrencies, PayPal balances, NFTs Business-related digital content: Blogs, e-commerce sites, monetized YouTube channels Licenses and contractual rights: iTunes music licenses, domain name registrations The classification affects how they are treated legally in inheritance contexts. (Carroll & Romano, 2017). European Union Framework. The General Data Protection Regulation (GDPR) does not directly regulate post-mortem data, leaving it to Member States. France (Article 85, Law for a Digital Republic) allows individuals to determine the posthumous fate of their data. The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) gives fiduciaries access to digital assets under certain conditions, prioritizing user consent expressed via online tools or wills.2 Uzbekistan currently lacks specific legal provisions on digital inheritance. The Civil Code governs inheritance broadly but does not classify digital assets explicitly as inheritable property. The Deceased (Decedent). The decedent’s right to control digital assets posthumously depends on the legal framework of the applicable jurisdiction. Some systems recognize digital wills; others rely on default inheritance rules. Heirs must prove their legal status and navigate platform-specific policies. For example, access to a Google account requires a court order or prior configuration of the "Inactive Account Manager" tool. These entities (e.g., Meta, Google, Apple) often operate under license models, not ownership transfers. Their Terms of Service (ToS) may prohibit transfer of accounts after death, 1 Banta, N. (2021). Death and the Digital Afterlife: Privacy, Property, and Power in the Age of Digital Legacy. Harvard Journal of Law & Technology, 34(1), 113–138. 2 Uniform Law Commission. (2015). Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). Retrieved from https://www.uniformlaws.org/committees/community-home?CommunityKey=9967e9fa-9d30-4f9b-90e0- 746e48f4f3fa 161 CURRENT APPROACHES AND NEW RESEARCH IN MODERN SCIENCES International scientific-online conference creating legal tensions.3 In many jurisdictions, notaries are tasked with validating wills and transferring assets. In digital contexts, this includes verifying passwords, encryptions, and digital identities. Governments may intervene when digital assets have public value or involve financial assets subject to taxation, AML/CFT rules, or data protection policies