Digital heritage: the (in)sufficiency of legal rules and the capacity for self-regulation by digital platforms.
Succession heritage, self-regulation, social networks, conventional user.
In the midst of a digitalized society, reflecting real life in the electronic environment, the objective is to investigate whether the legislation in force in Brazil is currently sufficient to regulate any succession of digital data from non-commercial users of the social media platforms Facebook, X and TIK TOK, as well as assessing whether the solutions they provide through their adhesion contracts could be adopted as a form of legal supplementation. Thus, the aim is to verify whether it would be up to the State to bring new and specific rules to deal with digital heritage or whether, given the existing rules, the best regulatory strategy would be to encourage people themselves to define the direction of their data through instruments. companies' contracts. Using qualitative research methodology and a national and international bibliographical review, the aim was to define what the digital arsenal of social networks would be and how their post-death succession would be protected in the legal field; define whether legal assets or personal data would be considered; analyze whether Brazilian legislation is capable of providing legal guidance for solving problems arising from the death of a social network user; clarify how self-regulation has become a plausible means of legal solution for specific niches of life that require speed and technicality, evaluate the contractual and self-regulatory instruments of social networks to manage digital data and verify how the State could regulate the issue, without limiting the parties' capacity for autonomy and the creative and self-regulatory dynamics typical of the internet.