The GDPR does not apply to the personal data of deceased persons. Recital 27 leaves the question to each Member State, and the Member States answered differently — so there is no single European rule, and a cross-border estate has to be handled jurisdiction by jurisdiction.
In Spain, the right comes from Ley Orgánica 3/2018 (LOPDGDD). Article 3 lets heirs — and, notably, people linked to the deceased by family or de facto ties, even where they do not inherit — request access to the deceased’s personal data. Article 96, the derecho al testamento digital, extends this to online service providers, and adds the albacea testamentario and anyone the deceased expressly designated. Where the deceased expressly prohibited access, we respect it — but that prohibition cannot defeat the heirs’ rights over content forming part of the caudal relicto.
In Catalonia, Llei 10/2017 made this the first jurisdiction in Spain to legislate digital wills — and then lost half of it. Articles 411-10 and 421-24 of the Codi civil de Catalunya survive only in part: in STC 7/2019 the Constitutional Court struck down article 411-10.3(b) and article 421-24.1 — the provisions that allowed digital wills, and their executor, to be constituted by entry in the electronic register — together with the register itself and the mediation regime, on the ground that creating a public register of private law is reserved to the State. What remains is article 411-10.3(a): the executor of digital wills can still be designated, but only in a testament, codicil or memòria testamentària. The practical consequence is sharp, and it is the reason we push families towards a will — in Catalonia today, if it is not in a testamentary instrument, there is no mechanism at all. And there is no register to consult, in Catalonia or anywhere in Spain, whatever anyone tells you.
In Italy, Article 2-terdecies of the Codice Privacy allows the deceased’s rights to be exercised by anyone with a personal interest, by a mandatary, or for family reasons deserving protection — and a prohibition can never prejudice patrimonial rights arising from the death. In 2021 the Tribunale di Milano ordered Apple to assist parents recovering their late son’s iCloud data on precisely that basis.
Across most of the EU, Regulation 650/2012 gives you the European Certificate of Succession: proof of your status in 25 Member States without legalisation or apostille, with a statutory presumption of accuracy. Denmark and Ireland are not bound by the Regulation, so an estate touching either of them still needs the local route. Obtaining a certificate early is often the fastest way to unlock a cross-border digital estate. It does not bind providers outside the EU.
Where we stop
Heirs succeed to the deceased’s rights. They do not succeed to the privacy of the living people who wrote to them — that right belongs to each participant in a communication and was never the deceased’s to pass on. So we scope every extraction to the estate, we segregate and do not deliver third-party-only and living-user content, and we work on stored data only. We will not keep an account alive to capture new incoming messages.
We do not offer lock or password bypass as a service. We do not investigate living people — in Spain that is reserved to licensed detectives privados, and if your case needs it we will say so and refer you. Where a crime is suspected, where heirs are in conflict, or where a device may be evidence, the correct route is judicial, and we will tell you that rather than take the work.