The recent publication of a draft bill in Catalonia on this matter has once again brought the legal treatment of personal will over digital content into the spotlight. The draft legislation can be found at http://justicia.gencat.cat/ca/departament/Normativa/normativa_en_tramit/av_vol_digitas In essence, the project is based on the personal will of the owner of the content, which attributes the management of the content - digital environment - to his or her preventive proxy, in the event of future loss of capacity; to his or her successor or administrator mortis causa, in the event of death, as well as in the specific management of parental or guardianship bodies, except in the event that there is an asset content that requires judicial authorisation (perhaps also personal, as in the case of the uploading of photos or thoughts). The management of digital assets that are not subject to copyright rules should therefore be considered as ordinary asset management. For example, the defence of one's own image or privacy. Possibly with two limits: the decision on the right to be forgotten - deletion - and portability, such as the closing of supplies and profiles, both linked to the protection of personal data. As far as ordinary management is concerned, it would not strictly speaking require specific regulations, unless this is considered necessary due to the singularity of the so-called "personal data". digital environment. This indeterminate and undefined concept in the draft seems to refer both to the area of social networks and to content that a consumer downloads from a platform, server or content provider on the basis of a contract, either for a price or for the provision of data or metadata. The services are the subject of a special content contract, digital content supply contract, which may refer to an instantaneous or continuous discharge over time. Some aspects of this contract are the subject of a Directive currently being negotiated in the EU Council -COM (2015) 635 Final of 9 December 2015- on which a political agreement is expected in June.

In general, the conditions laid down by the supplier, by means of general conditions, will establish whether the content itself can be transferred or by transfer of the movable object on which it is downloaded (e.g. songs on an IPod). Therefore the possible music or literary library (I book) may require the transfer of the movable medium in accordance with its terms of use. Indeed, one of the important questions raised by the digital content contract is whether or not the compatibility - rather than the transfer - of content supplied in other formats or on other media such as tablets or mobile terminals is mandatory. The digital environment also includes digital content stored in the cloud, e-cloud, subject to the operator's conditions; personal websites, hosted on servers, subject to maintenance and temporary costs. And, in particular, profiles on networks, negotiated by international companies, such as Linkedin or Facebook, among others. The content on which the post mortem or post incapacity destination is considered may therefore consist of films, photos, music, books, messages or comments stored or not systematically, thus forming collections, sometimes of great personal or even patrimonial value.

The management of the digital environment must respect the regulations on personal data protection and especially the General Data Protection Regulation (EU) 2016/679, applicable since 25 May 2018; the regulations on personal image and privacy contained in Organic Law 1/1982, of 5 May; the regulations on intellectual property, in Spain Legislative Royal Decree 1/1996, amended by Law 21/2014. This special legislation must be taken into account with regard to the possible financial content of the content. The draft regulation limits itself to highlighting that it may be subject to judicial authorisation in certain cases. However, it is true that sometimes the management of the digital environment presents a fine line of distinction with intellectual property.

The draft refers to the communication that managers, due to a limitation in their capacity to act or due to the succession mortis causa of the owner, make with operators.

Neither the internationalisation of the provision of digital services nor the consumer nature of the holder should be forgotten, which therefore subjects him/her to the general rules on international jurisdiction and applicable law: Brussels I (R. 1215/2012 and Rome I (R 593/2008) in the absence of a Convention with third countries on this matter. For the protection of minors or persons with disabilities who are not adults, Regulation 2201/2003, Brussels II bis , currently in the process of being amended, and the Hague Convention of 19 October 1996 will apply. Vulnerable adults, in the absence of Spain's participation in the 2000 Convention, are governed by Article 9.6 of the Spanish Civil Code, amended in 2015, as a conflict rule. Finally, the draft creates an Administrative Register. The formal vehicle for the entry of deeds in it will, in general, be a notarial deed, although some cases are envisaged in the case of succession mortis causa in which instructions may be given in an administrative document. It should be borne in mind that the planned register cannot overlap with the state RGAUV. An act of last will and testament in notarial form, whether or not it is entered in the special register provided for, is in any case liable to override any previous or subsequent will if it does not meet the requirements of testamentary form, so that the will always prevails over the instructions provided for. These aspects should be corrected in the parliamentary process so as not to create uncertainty in its legal treatment.