MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
- Custom contracts, terms and conditions, and legal documents
- Budget-friendly and clear about the costs upfront
- Request a free consultation or a no-obligation quote
The GDPR protects personal data of living persons; after death, GDPR rules generally no longer apply to the data of the deceased themselves. However, you are not allowed to do just anything: data may affect living persons, retention obligations apply, and agreements in your privacy statement remain important.
The GDPR does not apply to deceased persons
The GDPR protects the personal data of living natural persons. In principle, the data of a deceased person is no longer covered by it. This does not mean that you have free rein: there are other rules and interests that you must observe.
Data can still affect the living
Often, the data of a deceased person is linked to that of living persons — for example, joint data of partners, family members, or medical information that also affects hereditary aspects of surviving relatives. The GDPR continues to apply to those living persons. Be careful with this.
Retention obligations and professional secrecy
Sometimes you are actually required to retain data, for example due to tax or administrative obligations. Furthermore, any professional secrecy (such as medical confidentiality) generally remains in effect even after death. Therefore, do not delete or share data without verifying whether retention obligations or confidentiality apply.
Document it and act carefully
Describe in your privacy statement and internal policy what you do with data after death, and how you handle requests from next of kin. A careful, documented approach prevents errors and conflicts with heirs.
Frequently Asked Questions
Does the GDPR apply after someone's death?
In principle, not for the data of the deceased themselves. However, the GDPR continues to apply to data concerning persons who are still alive.
Am I allowed to simply delete the data of a deceased person?
Not without further consideration: first check whether retention obligations (fiscal, administrative) or confidentiality apply.
Do surviving relatives have rights to the data?
The GDPR does not grant them rights to the data of the deceased themselves, but other rules and your own policy may play a role.
Is your privacy policy in order?
Our legal experts draft your privacy statement and policy. View our privacyteam or schedule a free consultation.
