As consumer habits shift rapidly toward digital content, new legal questions arise around what happens to a user’s online accounts after they pass away.

At present, most platforms make it clear that digital products and the accounts housing them are not transferable by inheritance, since users do not hold legal title to the content as they have merely paid for limited access and usage rights under a license agreement.

While you are free to hand down a physical, sealed copy of Chrono Trigger to anyone you choose, the same does not apply to digital game libraries or other comparable media, including music, series, films, and e-books. However, it is not impossible and one country has already made progress regarding this issue: China.

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China Formally Recognizes Legal Protection of Digital Assets, Though with Some Limits

Niko Partners analyst Daniel Ahmad recently drew attention to a Chinese court ruling concerning the inheritable status of digital game accounts, in-game items, and similar virtual goods.

According to Ahmad, this is not a recent development but rather stems from a 2021 update to Article 127 of China’s Civil Code.

Under that provision, Chinese law grants legal recognition to digital assets, allowing them to be treated as legitimate inheritance when the account holder dies.

However, Ahmad cautions that the law remains broad and still requires further refinement to address specific scenarios. In the gaming sector, for instance, control over the game itself stays with the distributing company, which reserves the right to revoke access or block accounts at any time.

“When it comes to game accounts the ownership still lies with the game operator, so if the game was to shut down for example, then you’re essentially left with nothing,” he said.

What Does Article 127 of China’s Civil Code Actually States?

Article 127 of China’s Civil Code states:

“Where there are laws particularly providing for the protection of data and online virtual assets, such provisions shall be followed.”

This clause opens the door for user data and virtual goods to receive legal recognition and protection.

Yet the article does not prescribe specific rules for individual cases, nor does it regulate concrete situations. Instead, it leaves room for future, more detailed legislation. For now, each inheritance dispute involving digital property must be litigated on its own merits, gradually building the legal precedent needed to shape clearer statutes for video game accounts, streaming services, e-book libraries, and beyond.

In Mexico, the Debate Over Digital Assets in Inheritance Is Already Underway

Last May, Congresswoman María del Rosario Morales Ramos of the Morena party introduced a reform initiative aimed at allowing user accounts and digital files to be included in inheritances in Mexico City.

Her proposal seeks amendments to the civil code and notary law of the capital, with the goal of aligning local legislation with the digital age and defining the legal fate of goods that consumers pay for on digital platforms.

At present, Mexico lacks specific laws governing digital assets in inheritance cases. Nevertheless, ongoing analyses and reform efforts are pushing for legal recognition and protection for a wide range of virtual property, including:

  • Cloud storage accounts
  • All forms of multimedia files
  • Access to digital platforms and user accounts
  • Social media profiles
  • Electronic documents of any kind
  • Payment platform credentials
  • Digital identity elements
  • Electronic goods and assets

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