The article indicates the necessity of implementing the EU regulation on using the digital data of deceased persons. The European strategy on data does not pay enough attention to this issue, while its signifi cance for the proper functioning and development of European data space increases. GDPR does not regulate the problematics of processing personal data after the death of physical persons, but members of the EU can implement their own regulations. This solution leads to a significant diversification of the conditions of processing in the common market the digital data of deceased persons. This solution should be considered an unfounded barrier restraining its development. The problematics of processing the personal data of deceased persons is not addressed in the regulation on the framework for the free flow of non-personal data in the EU either. Applying the provisions of this regulation to processing the data of the deceased does not deserve approval. Not only does it not include the specifics of this kind of data but it might also lead to collisions between the regulations of respective Member States, especially motivated by their overriding public interest. The amount of data of the deceased will constantly rise, which will result in different kinds
of complicated problems related to processing this data in the European data space. Taking into consideration the heterogenous character of this data and its specifics it seems that the conditions of their possessing and processing in the common market require special regulation.