Renew MEP Yvan Verougstraete has called on the European Commission to address the legal vacuum surrounding the digital data of deceased persons, warning that the lack of an EU-wide framework leaves personal data vulnerable to uncontrolled commercial or algorithmic exploitation, particularly in the context of rapid AI development.
In a parliamentary question submitted on 7 April 2026, Verougstraete notes that the General Data Protection Regulation (GDPR) only applies to living individuals, creating legal fragmentation among Member States and giving online platforms wide discretion based solely on their terms of service. He argues that this gap risks the uncontrolled use of data left behind by the deceased, including online accounts, private correspondence, photographs, digital assets, and cloud-stored information.
whether the Commission considers this lack of harmonisation a legal gap; whether it is considering a legislative initiative to regulate the storage, transfer, or deletion of such data; and what action it intends to take to prevent uncontrolled exploitation. The question does not propose concrete targets or deadlines but signals a push for EU-level action.
The Commission is expected to reply within approximately six weeks. Its response will indicate whether it views the issue as a priority and whether legislative steps are likely, potentially affecting EU citizens, digital platforms, and national data protection authorities. The question reflects growing concern about the post-mortem fate of digital identities as AI and data monetisation advance.
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