US Lawyer Database

§ 3566. Custodian compliance and immunity

§ 3566. Custodian compliance and immunity (a) Not later than 60 days after receipt of the information required by sections 3557-3565 of this title, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply with […]

§ 3567. Uniformity of application and construction

§ 3567. Uniformity of application and construction 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. (Added 2017, No. 13, § 1.)

§ 3568. Relation to electronic signatures in Global and National Commerce Act

§ 3568. Relation to electronic signatures in Global and National Commerce Act This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any […]

§ 3564. Disclosure of digital assets to guardian of person under guardianship

§ 3564. Disclosure of digital assets to guardian of person under guardianship (a) After an opportunity for a hearing under 14 V.S.A. § 3068, the court may grant a guardian access to the digital assets of a person under guardianship. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall […]

§ 3565. Fiduciary duty and authority

§ 3565. Fiduciary duty and authority (a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary’s or designated recipient’s authority with respect to a digital […]

§ 3556. Procedure for disclosing digital assets

§ 3556. Procedure for disclosing digital assets (a) When disclosing digital assets of a user under this chapter, the custodian may in its 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 the […]

§ 3557. Disclosures of content of electronic communications of deceased user

§ 3557. Disclosures of content of electronic communications of deceased user If a deceased user consented, or if 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 […]

§ 3558. Disclosure of other digital assets of deceased user

§ 3558. 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 of the user […]

§ 3559. Disclosure of content of electronic communications of principal

§ 3559. 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 the content of the electronic communication to […]