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 55-19-6 – Procedure for disclosing digital assets.
55-19-6. Procedure for disclosing digital assets. If a custodian discloses digital assets of a user under this chapter, the custodian may, at the custodian’s sole discretion: (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 any task […]
Section 55-19-7 – Disclosure of content of electronic communications of deceased user.
55-19-7.Disclosure of content of electronic communications of deceased user. If a deceased user consented to or a court directs disclosure of 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 […]
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 […]