§ 53-13-2. Definitions
As used in this chapter, the term: “Account” means an arrangement under a terms-of-service agreement in which a custodian provides goods or services to the user. “Agent” means an attorney in fact granted authority under a durable or nondurable power of attorney, including a person granted authority to act in the place of an individual […]
§ 53-13-40. Construction With Federal Provisions
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but shall not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 […]
§ 53-13-3. Application
This chapter shall apply to a: Fiduciary acting under a will or power of attorney; Personal representative acting for a decedent; Conservatorship; and Trustee. This chapter shall apply to a custodian if the user resides in this state or resided in this state at the time of the user’s death. This chapter shall not apply […]
§ 53-13-4. Service of Notice
In any proceeding brought pursuant to this chapter, service of notice shall be made in the manner provided by Chapter 11 of this title. History. Code 1981, § 53-13-4 , enacted by Ga. L. 2020, p. 377, § 1-94/HB 865. Effective date. — This Code section became effective January 1, 2021.
§ 53-13-10. User’s Direction on Disclosures
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 a direction at all times, a direction regarding disclosure […]
§ 53-13-11. Modification to Existing Rights
This chapter shall 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. This chapter shall not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose […]
§ 53-13-12. Custodian Rights; Administrative Charges; Disclosure of Deleted Assets; Court Order
When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion: Grant a fiduciary or designated recipient full access to the user’s account; Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; […]
§ 53-13-13. Deceased Giving Consent or Court Order for Disclosure by Custodian to Personal Representative
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 if the personal representative gives the custodian: A written request […]
§ 53-13-14. Custodian’s Disclosure of Catalogue of Electronic Communications; Circumstances
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 of electronic communications, of the user, if the personal […]
§ 53-13-15. Custodian’s Disclosure Under Power of Attorney
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 gives the custodian: A written request for disclosure in […]