Digital Asset Management Rights and Succession of Estates

Abstract

“Digital assets” are incorporeal objects that possess both economic and sentimental value and can be controlled through mechanisms governing user account rights within digital platforms. Upon the death of the owner of such digital assets, complex legal issues arise. This is because traditional inheritance law provisions were originally designed on the basis of managing tangible property. This creates significant limitations in interpreting and applying these laws to intangible assets. In addition, heirs and estate administrators face significant obstacles stemming from legal conflicts. These include the deprivation of rights by standard form contracts imposed by platform service providers, which often stipulate that rights are terminated upon the user’s death, as well as the providers’ reliance on data protection and privacy laws to refuse the disclosure of data, thereby hindering access to and management of the deceased’s digital assets.

This research article aims to analyze the legal dimensions of access to and the succession of digital assets. The scope of the study covers the examination of the legal status of digital assets under the Thai Civil and Commercial Code, as well as a comparative analysis of legal concepts, judicial precedents, and statutory provisions in foreign jurisdictions, namely the United States, Germany, France, and Spain. The study focuses on resolving conflicts between succession law, contract law, and data protection law. The insights gained are used to analyze and propose policy guidelines and appropriate legal recommendations for amending Thai legislation. The goal is to ensure that the management of a deceased person’s digital assets is handled efficiently, fairly, and in alignment with the dynamics of the digital age.