§ 14-13101 – Short title

14-13101. Short title This chapter may be cited as the revised uniform fiduciary access to digital assets act.

§ 14-13102 – Definitions

14-13102. Definitions In this chapter, unless the context otherwise requires: 1. " 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. 2. " Agent" means an attorney-in-fact granted authority under a durable […]

§ 14-13103 – Applicability

14-13103. Applicability A. This chapter applies to all of the following: 1. A fiduciary acting under a will or power of attorney executed before, on or after August 6, 2016. 2. A personal representative acting for a decedent who died before, on or after August 6, 2016. 3. A conservatorship proceeding commenced before, on or […]

§ 14-13104 – User direction for disclosure of digital assets

14-13104. 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 […]

§ 14-13105 – Terms-of-service agreement

14-13105. Terms-of-service agreement A. This chapter 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 chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user […]

§ 14-13106 – Procedure for disclosing digital assets

14-13106. Procedure for disclosing digital assets A. When disclosing digital assets of a user under this chapter, the custodian, at its sole discretion, may do any of the following: 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 […]

§ 14-13107 – Disclosure of content of electronic communications of deceased user

14-13107. 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 […]

§ 14-13108 – Disclosure of other digital assets of deceased user

14-13108. Disclosure of other digital assets of deceased user Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content […]

§ 14-13109 – Disclosure of content of electronic communications of principal

14-13109. Disclosure of content of electronic communications of principal To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent […]

§ 14-13110 – Disclosure of other digital assets of principal

14-13110. Disclosure of other digital assets of principal Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or […]

§ 14-13111 – Disclosure of digital assets held in trust when trustee is original user

14-13111. Disclosure of digital assets held in trust when trustee is original user Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of […]

§ 14-13112 – Disclosure of contents of electronic communications held in trust when trustee is not original user

14-13112. Disclosure of contents of electronic communications held in trust when trustee is not original user Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or […]

§ 14-13113 – Disclosure of other digital assets held in trust when trustee is not original user

14-13113. Disclosure of other digital assets held in trust when trustee is not original user Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalogue of electronic communications sent or received by […]

§ 14-13114 – Disclosure of digital assets to conservator of protected person

14-13114. Disclosure of digital assets to conservator of protected person A. After an opportunity for a hearing under chapter 5, article 4 of this title, the court may grant a conservator access to the digital assets of a protected person. B. Unless otherwise ordered by the court or directed by the user, a custodian shall […]

§ 14-13115 – Fiduciary duty and authority

14-13115. Fiduciary duty and authority A. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following, if applicable: 1. The duty of care. 2. The duty of loyalty. 3. The duty of confidentiality. B. A fiduciary’s or designated recipient’s authority with […]

§ 14-13116 – Custodian compliance and immunity

14-13116. Custodian compliance and immunity A. Not later than sixty days after receipt of the information required under section 14-13107, 14-13108, 14-13109, 14-13110, 14-13111, 14-13112, 14-13113, 14-13114 or 14-13115, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the […]

§ 14-13117 – Uniformity of application and construction

14-13117. Uniformity of application and construction In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

§ 14-13118 – Relation to electronic signatures in global and national commerce act

14-13118. Relation to electronic signatures in global and national commerce act This chapter modifies, limits and supersedes the electronic signatures in global and national commerce act, 15 United States Code sections 7001 through 7031, but does not modify, limit or supersede 15 United States Code section 7001(c) or authorize electronic delivery of any of the […]