The decision of the German federal court of justice against facebook: Opportunity to define digital heritage?

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 on-going discussions about sustainable ways of safeguarding, as well as providing access to, digital content. Against the backdrop of a ju-risprudence sensitized to the humanities, the two authors encourage a reflection on “spaces”, “containers”, and more generally on the signif-icance of digital media for our everyday lives and future generations.