US Lawyer Database

§ 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 […]

§ 14-13101 – 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 […]