Glossary — Digital successor
What is a digital successor?
Person designated by contract, by will or by law to exercise rights over the digital estate of an individual or company no longer able to exercise them. The term applies both to individual successions (under the 2016 French Digital Republic Act) and to companies winding down.
What it is
The notion of digital successor has two roots in French law.
For individuals, the Digital Republic Act of 7 October 2016 introduced into the Civil Code the possibility of defining, while alive, directives on the fate of personal data after death, and the designation of authorised persons to exercise them. Failing those, the heirs can act to close an account or retrieve data.
For legal entities, the notion is less codified. It is built by contract: former shareholders, transferees of an assignment, or designated third parties can be granted access rights to the residual archives of an extinguished company.
Why it matters
The digital successor is the missing piece of most company cessations. When removal from the register is pronounced, no one holds executable powers over accounts, mail and data — unless successors have been designated in advance. Without that designation, archives are either lost (suspension for non-payment), or recovered by whoever happens to hold the admin credential, without legitimacy.
How Archivum approaches it
The Archivum contract requires the named designation of successors at signing. These people — former directors, spouses, heirs, court-appointed administrators, partners — are the only ones who can request access, trigger restitution or vote on the end-of-period arbitration. The list can be updated throughout the contract's duration, subject to the agreement of the quorum set out in the contract.
Frequently asked questions
- Who can be named a digital successor?
- Anyone named in the contract: former director, shareholder, spouse, heir, administrator or partner. The designation is by civil identity, never by mere role.
- Can a successor access the archives alone?
- It depends on the scope set in the contract. When several successors are involved, access may be subject to a collegial vote. No third party, not even Archivum, can grant unplanned access.
- Can the list of successors be changed?
- Yes, throughout the contract, subject to the agreed quorum. The change itself follows the voting mechanism, never a unilateral decision.