Section 15-14-101 – SHORT TITLE.
15-14-101. SHORT TITLE. This chapter shall be known and may be cited as the "Revised Uniform Fiduciary Access to Digital Assets Act." History: [15-14-101, added 2016, ch. 263, sec. 1, p. 685.]
Section 15-14-102 – DEFINITIONS.
15-14-102. DEFINITIONS. As used in this chapter: (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 or […]
Section 15-14-103 – APPLICABILITY.
15-14-103. APPLICABILITY. (1) This chapter applies to: (a) A fiduciary acting under a will or power of attorney executed before, on or after July 1, 2016; (b) A personal representative acting for a decedent who died before, on or after July 1, 2016; (c) A conservatorship proceeding commenced before, on or after July 1, 2016; […]
Section 15-14-104 – USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS.
15-14-104. USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS. (1) A user may use an online tool to direct the custodian to disclose to the 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 […]
Section 15-14-105 – TERMS OF SERVICE AGREEMENT.
15-14-105. TERMS OF SERVICE AGREEMENT. (1) 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. (2) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those […]
Section 15-14-106 – PROCEDURE FOR DISCLOSING DIGITAL ASSETS.
15-14-106. PROCEDURE FOR DISCLOSING DIGITAL ASSETS. (1) When disclosing the digital assets of a user under this chapter, the custodian may at its sole discretion: (a) Grant a fiduciary or designated recipient full access to the user’s account; (b) Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the […]
Section 15-14-107 – DISCLOSURE OF THE CONTENT OF ELECTRONIC COMMUNICATIONS OF DECEASED USER.
15-14-107. DISCLOSURE OF THE 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 […]
Section 15-14-108 – DISCLOSURE OF OTHER DIGITAL ASSETS OF DECEASED USER.
15-14-108. 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 catalog of electronic communications sent or received by the user and digital assets, other than the content […]
Section 15-14-109 – DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF PRINCIPAL.
15-14-109. 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 of an electronic […]