Section 55-19-16 – Fiduciary duties.
55-19-16. Fiduciary duties. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: the duty of care, the duty of loyalty, and the duty of confidentiality. Source: SL 2017, ch 209, §16.
Section 55-19-17 – Fiduciary authority generally.
55-19-17. Fiduciary authority generally. A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user: (1)Is subject to the applicable terms of service except as otherwise provided in §55-19-4; (2)Is subject to other applicable law, including copyright law; (3)Is limited by the scope of the fiduciary’s duties, if a fiduciary; and […]
Section 55-19-18 – Fiduciary right of access to digital asset not held by custodian or subject to terms-of-service agreement.
55-19-18. Fiduciary right of access to digital asset not held by custodian or subject to terms-of-service agreement. A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and […]
Section 55-19-19 – Fiduciary as authorized user for purposes of computer fraud or unauthorized access law.
55-19-19. Fiduciary as authorized user for purposes of computer fraud or unauthorized access law. A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of any computer fraud or unauthorized computer access law. Source: SL 2017, ch […]
Section 55-19-20 – Fiduciary right of access to digital asset.
55-19-20. Fiduciary right of access to digital asset. A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor has the right to access the property and any digital asset stored in it, and is an authorized user for the purpose of any computer fraud or unauthorized computer access […]
Section 55-19-21 – Disclosure of information by custodian to fiduciary.
55-19-21. Disclosure of information by custodian to fiduciary. A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user. Source: SL 2017, ch 209, §21.
Section 55-19-8 – Disclosure of other digital assets of deceased user.
55-19-8. 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 […]
Section 55-19-9 – Disclosure of content of electronic communications of principal.
55-19-9. 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 if the agent […]
Section 55-19-10 – Disclosure of other digital assets of principal.
55-19-10. Disclosure of other digital assets of principal. 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 of electronic communications sent or […]
Section 55-19-11 – Disclosure of digital assets held in trust when trustee is original user.
55-19-11. Disclosure of digital assets held in trust when trustee is original user. 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 […]