What Happens to Your Data When You Die?

We spend years building our online lives. But what happens to all that data when we die?

From photo albums stored in the cloud to emails, passwords and social media profiles, our digital presence often continues long after we’ve gone. While most of us make plans for our possessions and property, few consider what should happen to our online accounts.

And yet, in an age where identity is as much virtual as it is physical, the question is becoming harder to ignore.

A digital footprint that doesn't fade

According to a 2023 report by NordPass, the average internet user now has over 100 online accounts. These include everything from banking apps and cloud storage to dating profiles, shopping sites, and social media platforms.

Many of these accounts hold personal information, private conversations, or payment details. In some cases, they contain cherished memories, such as photos, voice notes or videos. But once someone dies, accessing these accounts can be far from straightforward.

In many cases, family members find themselves locked out, unsure of what data is stored, how to retrieve it, or whether they are even legally allowed to.

What the big platforms say

Some tech companies have introduced tools to help users manage their digital legacy.

Meta, the parent company of Facebook and Instagram, allows users to nominate a "legacy contact". This is someone who can look after a memorialised profile, add tribute posts and update the cover photo. However, they cannot log in as the user or read private messages. If no legacy contact is set, family members can request the account be deleted or turned into a memorial page, but they will need to provide proof of death.

Google offers an “Inactive Account Manager”, which lets users choose what happens if they stop using their account for a set period of time. They can select up to ten trusted contacts who will be notified, and decide whether their emails, documents and photos are shared or deleted.

Apple, meanwhile, introduced a Digital Legacy feature in iOS 15.2, which allows people to designate up to five individuals who can access their iCloud data after death. However, they will still need a copy of the death certificate and an access key to unlock the account.

Not all platforms offer such options. For smaller services, or accounts that are not covered by legacy tools, the process can be time-consuming and inconsistent.

What the law says

In the UK, digital assets are not yet clearly defined in law. According to the Law Society, there is no legal requirement to include digital possessions in a will, but doing so is strongly advised.

Some items, such as cryptocurrency wallets or digital art, are considered property and can be passed on. Others, like email accounts or social media profiles, are often treated as licences that expire on death. This can make it harder for families to retrieve content or gain access.

Different companies also have different terms of service. In some cases, accounts are considered non-transferable. In others, they can be managed by an executor if proper documentation is provided.

The Information Commissioner’s Office (ICO) recommends that people plan ahead and consider how their personal data will be handled in the event of death. But there is currently no single UK law that governs digital inheritance, and calls for reform are growing.

Enter the digital will

To avoid confusion, experts are increasingly advising people to create a digital will. This can be a standalone document or part of a traditional will, and should include a list of key accounts, where to find them, and who should have access.

Password managers like LastPass and 1Password offer emergency access features that allow trusted contacts to retrieve information if needed. It is also possible to store login details securely with a solicitor or notary.

“Leaving behind an up-to-date digital will can save loved ones a great deal of stress,” says Nicola Plant, a private client solicitor at Thomson Snell & Passmore. “It ensures that your wishes are clear and your accounts are dealt with appropriately.”

Digital wills are especially important for business owners, influencers, and people who hold assets online. However, they are becoming more common among the general public, particularly among those who store family photos, creative work or important correspondence in the cloud.

Ethical dilemmas

Beyond the legal and practical challenges, there are also ethical questions to consider.

Should companies be allowed to use someone’s data for marketing purposes after they die? Should AI chatbots be trained on personal messages or voice recordings? And who gets the final say over how someone is remembered online?

In 2020, Microsoft filed a patent for technology that could create a chatbot based on a person’s digital history. Although it was never released, it sparked debate over whether we are heading towards digital reincarnation.

For some, the idea of a digital memorial is comforting. For others, it raises concerns about consent, privacy and the risk of exploitation.

What you can do now

Preparing for your digital afterlife does not have to be complicated. Experts recommend the following steps:

• Keep a secure list of your major accounts and passwords, and store it safely.

• Use built-in legacy features on platforms like Facebook, Google and Apple.

• Name a digital executor in your will, if possible.

• Speak to your family or solicitor about your wishes.

It might not be a conversation many of us are keen to have, but as our lives become increasingly digital, planning ahead is one way to make life easier for those we leave behind.

After all, your digital footprint could become part of your legacy.

Whether you want to be remembered through a carefully managed memorial page or prefer to vanish into the data void, the decision is best made while you’re still around to make it.