What Is A Digital Privacy Clause?

A Digitial Privacy Clause is an optional part of a Prenuptial Agreement.  The overall agreement is a negotiated deal between two people heading into marriage. Reasonable people recognize that some marriages end. Further, if a marriage ends, they recognize that emotions might run hot and it is to their advantage to map out an exit strategy.  Typically, the goal is to make the process as fast and inexpensive as possible.

Within the Prenuptial Agreement, many issues can be addressed. The Digital Privacy Clause addresses the couples access (or lack thereof) to each other’s social media and other digital data.

What Type of Data is Part of a Digital Privacy Clause?

Text messages, email, Facebook, Twitter, browser history and any internet application can be addressed. The couple recognizes that in a divorce it can become tempting to take parting shots at one another. To defuse this possibility, they agree that neither can access or reveal the other person’s Digital Data.  Enforcement terms such as financial penalties are often included.

What Are Typical Issues Addressed in a Digital Privacy Clause?

Some couples will address actions during the marriage, such as restrictions on specific people that cannot be texted or emailed. They may also restrict types of language or images shared on social media. A category of posts, videos or images might be shared but subject to the other spouse’s approval.  Rules can be laid out regarding the expectation of digital privacy, including an understanding that phones and laptops will not be searched.

Most often the restrictions cover access to social media and electronic data in case of divorce. This prevents an aggressive divorce attorney from mining social media or a browser history for evidence.

Good for the Marriage and for the Divorce.

Coming to an agreement before the marriage about privacy expectations is a good thing.  Like sorting out financial obligations, addressing privacy can sort out issues that otherwise could fester during the marriage.

If the marriage ends, an agreement made while both spouses are friendly can bar access to all social media leading the couple to a quicker, less confrontational and much less expensive divorce.

In conclusion, this post is a short introduction to a critical and complex issue.  Contact an experienced  Philadelphia Prenup Attorney in your area to find out what plan best fits your needs.

Thanks to our friends and contributors from Klenk Law for their insight into prenuptial agreements.

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