Sec. 1. (a) A user may use an online tool to direct the custodian that carries, maintains, processes, receives, or stores the user’s digital assets: (1) to disclose; or (2) not to disclose; some or all of the user’s digital assets, including the content of electronic communications to a designated recipient. If the online tool […]
Sec. 10. Unless otherwise ordered by the court, directed by the user, or provided in the trust, a custodian shall disclose, to a trustee that is not an original user of the account, a catalogue of electronic communications sent or received by an original user or successor user and stored, carried, or maintained by the […]
Sec. 11. (a) After an opportunity for a hearing under IC 29-3, a court may grant a guardian access to the digital assets of the protected person. (b) Unless otherwise ordered by a court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by […]
Sec. 12. (a) The legal duties imposed on a fiduciary charged with managing tangible property, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality; also apply to a fiduciary charged with managing digital assets. (b) A fiduciary’s or designated recipient’s authority with respect to a digital asset […]
Sec. 13. (a) Not more than sixty (60) days after receipt of the information required under sections 4 through 11 of this chapter, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient for: (1) the disclosure of digital assets; or (2) the termination of an account. If the […]
Sec. 14. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Revised Uniform Fiduciary Access to Digital Assets Act. As added by P.L.137-2016, SEC.14.
Sec. 15. This chapter: (1) modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq.; but (2) does not: (A) modify, limit, or supersede Section 101(c) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001(c); or (B) authorize electronic delivery of any of […]
Sec. 2. (a) This article does not change or impair a right of: (1) a custodian; or (2) a user; under a terms-of-service agreement to access and use digital assets of the user. (b) This article does not give a fiduciary or designated recipient any new or expanded rights other than the rights held by […]
Sec. 3. (a) When disclosing digital assets of a user under this chapter, the custodian, at the custodian’s sole discretion, may: (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 with which the […]
Sec. 4. If a deceased user consented to, 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 […]
Sec. 5. Unless the user prohibited disclosure of the user’s digital assets or a 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 […]
Sec. 6. To the extent that a power of attorney expressly grants an attorney in fact authority over the content of electronic communications sent or received by the principal, and unless directed otherwise by the principal or a court, a custodian shall disclose to the principal’s attorney in fact the content of the electronic communications […]
Sec. 7. Unless otherwise ordered by a court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an attorney in fact having specific authority over the principal’s digital assets or general authority to act on behalf of the principal a catalogue of electronic communications sent or received by […]
Sec. 8. Unless otherwise ordered by a court or provided in the trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account that is held in trust, including: (1) a catalogue of electronic communications of the trustee; and (2) the content of the […]
Sec. 9. Unless otherwise ordered by a court, directed by the user, or provided in the 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 received by an original user or a successor user and carried, maintained, processed, received, […]
