75A-6-104. User direction for disclosure of digital assets.
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Effective 9/1/2024
75A-6-104. 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 or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(2)If a user has not used an online tool to give direction under Subsection
(1)or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
(3)A user's direction under Subsection
(1)or
(2)overrides a contrary provision in a terms of service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
Renumbered and Amended by Chapter 364 , 2024 General Session