Aitken

Legal partners for life

Contact Info

Level 28, 140 William Street, Melbourne Victoria 3000 Australia
Call: +61 3 8600 6000 info@aitken.com.au

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Digital Asset Management

Open your Digital Voult

Peace of mind for you, comfort for those left behind.

We have implemented an online digital asset Vault. It is a highly encrypted and secure cloud storage platform where you can keep all of your digital records, including copies of your estate planning documents, online accounts and passwords, etc. In the event of your death, we quickly and securely deliver this information to the family members or professionals you selected.

What are digital assets?

‘Digital assets’ are any electronic records or data belonging to you and stored online or on an electronic device – such as your digital photos and videos, music, movies and e-books, emails and social media accounts, and any other documents you store in the cloud.

In addition to having sentimental value, digital assets and accounts can have real financial value:

  • Many people now own cryptocurrency, which is recorded entirely digitally using blockchain technology.
  • Many people conduct a business or derive income through online activities or sales, or through social media activities.
  • Many people have invested significant time into online worlds and communities, including video games, and hold assets or accounts which can translate into real-world value.

What happens to my digital assets when I die?

The law surrounding how digital assets might be passed on or accessed after death has not kept pace with technology, and it is usually up to the service provider or ‘custodian’ of the assets or accounts to determine how they are dealt with. Issues encountered include:

  • Some services may provide limited access to your family members or executors, or allow you to set up a ‘legacy contact’ to have access after you pass away.
  • Some service providers will deny access to your accounts after your death, and not give access to any digital assets.
  • Service providers can usually change their terms of service without notice, which could change the nature of a person’s rights regarding their digital assets.

In the case of encrypted assets (such as smartphones or cryptocurrency), it may be impossible for any organisation to intervene to give your family members access to those assets due to the design of the technology.

Australia currently doesn’t have any legislation dealing with digital assets. Accordingly, the best way to protect and ensure the distribution of digital assets to your family is through digital asset management.

Releasing Your Data

Upon viewing your death certificate, your lawyer will quickly and securely commence the release process within the software.

The software will attempt to contact you via email and phone. If it cannot speak with you, it will then talk to your confidants (people you select within the application whom you trust) and ask them for their confirmation regarding your death too.

Should all your confidants (and your lawyer) unanimously confirm your death, your data will be released within 30 days.

If there is any disagreement, the releasing process is paused, and we manually step in to speak with all parties to determine why there is a disagreement.

Why do we need a Digital Vault?

When we pass away, executors and beneficiaries can no longer just divert the snail mail or go through a filing cabinet in the office.

These days, half of our lives are digital. Our email accounts contain invoices, bills, receipts, password resets and communications. Our computers contain important legal documents. Our phones contain thousands of photos and videos, treasured memories and notes. We have social media accounts, online share trading platforms and websites.

What was once a simple process is now a painful and drawn-out endeavour. By organising your digital estate, you can be a hero to your loved ones and save them months (and sometimes years) of stress and confusion.

Military-Grade Security

The security of your digital assets is maintained using three layers of encryption and OWSAP level 3 requirements. Each user’s data is encrypted between their computer and our servers (SSL), then individually encrypted, first with their own unique key, secondly encrypted using the application key, and lastly encrypted with a database key.

Your data is still safe if our infrastructure is compromised, as the key is spread over separate application resources.

We also maintain a list of trusted devices, log all changes and who made them, and every time you log in a single-use code is also messaged to you for use with your password. If a hacker got a hold of your login details, they still could not gain access.

Get in touch

Fill out the form below or give us a call: +61 3 8600 6000

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