O testamento digital

: o exercício post mortem dos direitos do titular de dados pessoais

Abstract

This dissertation addresses the issue of the post-mortem exercise of personal data protection within the European and Portuguese legal frameworks. The objective is to investigate the conditions under which rights related to personal data may be exercised by third parties following the extinction of legal personality, as provided for in Article 68 of the Portuguese Civil Code. The initial analysis focuses on the interpretation of Article 71 of the Portuguese Civil Code, which governs the post-mortem protection of personality rights. The findings of this study demonstrate that, contrary to what a superficial reading might suggest, data ownership does not automatically cease upon death, nor does death entail the extinction of the protection of the deceased’s dignity. Article 18 of Law No. 27/2021 introduces the concept of a digital will within the European Union, reflecting a growing concern regarding the post-mortem management of digital assets. Nevertheless, it fails to eliminate all legal uncertainties surrounding this issue, as a normative gap remains concerning the limits of the transferability of such assets. Consequently, Article 17 of Law No. 58/2019, though ambitious within the domestic legal framework, does not achieve sufficient coordination between data protection rights, inheritance law, and the preservation of the deceased’s privacy, thereby highlighting the need for legislative revision. Regarding limitations, the study reveals the absence of normative uniformity at the European level and the insufficiency of domestic legislation in defining the limits of digital asset transferability and the protection of the deceased’s privacy. The study concludes that, despite notable legislative progress, the post-mortem regulation of personal data remains a highly complex legal issue, requiring a legislative reformulation that balances the dignity of the deceased with the legitimate interests of their successors.

Date of Award	16 Jul 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Nuno Sousa e Silva (Supervisor)