Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly As used in this chapter: (A) “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. (B) “Agent” means a […]
Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly (A) This chapter applies to all of the following: (1) An agent acting under a power of attorney executed before, on, or after the effective date of this section ; (2) A personal representative acting for a decedent who died before, on, […]
Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly (A) A user may use an online tool to direct the custodian to disclose or not to disclose to a designated recipient some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the […]
Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly (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 […]
Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly (A) When disclosing digital assets of a user under this chapter, the custodian may, at its sole discretion, 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 […]
Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly 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 […]
Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly 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, […]
Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly 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 […]
Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly 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 […]
Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly 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 […]
Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly 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 received by an […]
Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly 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 an original […]
Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly (A) After an opportunity for a hearing, the court may grant a guardian access to the digital assets of a ward. (B) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue […]
Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly (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: (1) The duty of care; (2) The duty of loyalty; (3) The duty of confidentiality. (B) All […]
Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly (A) Not later than sixty days after receipt of the information required under sections 2137.06 to 2137.13 of the Revised Code, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or […]
Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly This chapter modifies, limits, or supersedes the “Electronic Signatures in Global and National Commerce Act,” 1 5 U.S.C. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in […]
Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to […]
