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 55-19-11 – 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 […]
Section 55-19-2 – Applicability generally.
55-19-2. Applicability generally. The provisions of this chapter apply to: (1)Any fiduciary acting under a will or power of attorney executed before, on, or after July 1, 2017; (2)Any personal representative acting for a decedent who died before, on, or after July 1, 2017; (3)Any conservatorship proceeding commenced before, on, or after July 1, 2017; […]
Section 55-19-3 – Applicability to custodians and employer assets used by employee.
55-19-3. Applicability to custodians and employer assets used by employee. This chapter applies 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 does not apply to any digital asset of an employer used by an employee in the ordinary course […]
Section 55-19-4 – User direction for disclosure of digital assets.
55-19-4. User direction for disclosure of digital assets. Any user may utilize an online tool to direct a 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 user to modify or delete a […]