Effective 5/9/2017 75-11-104. User direction for disclosure of digital assets. (1) A user may use an online tool to direct the 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 […]
Effective 5/9/2017 75-11-105. Terms of service agreement. (1) 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. (2) This chapter does not give a fiduciary or designated recipient any new or expanded rights other […]
Effective 5/9/2017 75-11-106. Procedure for disclosing digital assets. (1) When disclosing digital assets of a user under this chapter, the custodian may at the custodian’s sole discretion: (a) grant a fiduciary or designated recipient full access to the user’s account; (b) grant a fiduciary or designated recipient partial access to the user’s account sufficient to […]
Effective 5/9/2017 75-11-107. Disclosure of content of electronic communications of deceased user. If a deceased user consented to or 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 […]
Effective 5/9/2017 75-11-108. 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 […]
Effective 5/9/2017 75-11-109. 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 […]
Effective 5/9/2017 75-11-110. 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 […]
Effective 5/9/2017 75-11-111. 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 […]
Effective 5/9/2017 75-11-112. 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 […]
Effective 5/9/2017 75-11-113. 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 […]
Effective 5/8/2018 75-11-114. Disclosure of digital assets to conservator or guardian of protected person. (1) After an opportunity for a hearing under Chapter 5, Protection of Persons Under Disability and Their Property, the court may grant a conservator or guardian access to the digital assets of a protected person. (2) Unless otherwise ordered by the […]
Effective 5/9/2017 75-11-115. Fiduciary duty and authority. (1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (a) the duty of care; (b) the duty of loyalty; and (c) the duty of confidentiality. (2) A fiduciary’s or designated recipient’s authority with respect to a […]
Effective 5/9/2017 75-11-116. Custodian compliance and immunity. (1) Not later than 60 days after receipt of the information required under Sections 75-11-107 through 75-11-115, 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, the […]
Effective 5/9/2017 75-11-117. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Enacted by Chapter 16, 2017 General Session Technically renumbered for proper placement.
Effective 5/9/2017 75-11-118. 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. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act or 15 U.S.C. Sec. 7001(c), or authorize electronic delivery […]
