§ 3551. Short title

§ 3551. Short title This chapter may be cited as the Vermont Revised Uniform Fiduciary Access to Digital Assets Act. (Added 2017, No. 13, § 1.)

§ 3552. Definitions

§ 3552. Definitions As used in this chapter: (1) “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. (2) “Agent” means an attorney-in-fact granted authority under a durable or nondurable power of […]

§ 3553. Applicability

§ 3553. Applicability (a) This chapter applies to: (1) a fiduciary acting under a will or power of attorney executed before, on, or after July 1, 2017; (2) a personal representative acting for a decedent who died before, on, or after July 1, 2017; (3) a guardianship proceeding commenced before, on, or after July 1, […]

§ 3554. User direction for disclosure of digital assets

§ 3554. User direction for disclosure of digital assets (a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose 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 […]

§ 3555. Terms-of-service agreement

§ 3555. Terms-of-service agreement (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 or expanded rights other than those held by the […]

§ 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 […]

§ 3560. Disclosure of other digital assets of principal

§ 3560. 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 […]

§ 3561. Disclosure of digital assets held in trust when trustee is original user

§ 3561. 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 […]

§ 3562. Disclosure of contents of electronic communications held in trust when trustee not original user

§ 3562. Disclosure of contents of electronic communications held in trust when trustee not original user 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 […]

§ 3563. Disclosure of other digital assets held in trust when trustee not original user

§ 3563. Disclosure of other digital assets held in trust when trustee not original user 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 […]

§ 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 […]

§ 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 […]