58-4818 Relation to electronic signatures in global and national commerce act.
58-4818. Relation to electronic signatures in global and national commerce act. This act modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of […]
58-4819 Severability.
58-4819. Severability. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. History: L. […]
58-4804 User direction for disclosure of digital assets.
58-4804. User direction for disclosure of digital assets. (a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete […]
58-4805 Terms-of-service agreement.
58-4805. Terms-of-service agreement. (a) This act does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This act does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user […]
58-4806 Procedure for disclosing digital assets.
58-4806. Procedure for disclosing digital assets. (a) When disclosing digital assets of a user under this act, the custodian may at its sole discretion: (1) Grant a fiduciary or designated recipient full access to the user’s account; (2) grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks […]
58-4807 Disclosure of content of electronic communications of deceased user.
58-4807. Disclosure of content of electronic communications of deceased user. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user […]
58-4801 Citation of act.
58-4801. Citation of act. This act may be cited as the revised uniform fiduciary access to digital assets act (2015). History: L. 2017, ch. 19, § 1; July 1.
58-4802 Definitions.
58-4802. Definitions. In this act: (a) “Account” means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of the user or provides goods or services to the user. (b) “Agent” means an attorney-in-fact granted authority under a durable or nondurable power of attorney. (c) “Carries” […]
58-4803 Applicability.
58-4803. Applicability. (a) This act applies to: (1) A fiduciary acting under a will or power of attorney executed before, on or after July 1, 2017; (2) a personal representative acting for a decedent who died before, on or after July 1, 2017; (3) a guardianship or conservatorship proceeding commenced before, on or after July […]