A recent decision by the São Paulo Court denied a mother access to her deceased son’s social media account, reinforcing privacy rights even after death.

The case highlights a growing issue: how digital assets are treated under Brazilian law.

Digital inheritance: property vs. privacy

Although Brazil lacks specific legislation on digital succession, the ruling emphasizes a key distinction:

  • Economic assets: may be transferable
  • Personal content: remains protected

In this case, photos, messages, and private data were deemed part of the deceased’s personal sphere.

Connection with intellectual property

The decision also intersects with IP, as digital assets may involve:

Copyright over content
Platform licensing agreements
Contractual limitations on access and transfer

This reinforces that not all digital assets are inheritable.

Strategic implications

The case raises important considerations:

  • Need for prior planning of digital assets
  • Importance of platform policies
  • Legal risks in the absence of user instructions
  • Growing intersection between IP, contracts, and data protection

Strategic outlook

Disputes involving digital inheritance are expected to increase, requiring clearer legal frameworks and proactive planning.

For companies, this also impacts compliance and digital asset management strategies.

Tavares IP supports companies in navigating complex intangible assets, including the intersection of IP, contracts, and digital data.

Contact our team to strengthen your digital and IP strategy.