Current through the 2024 Fourth Special Session
Section 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 from § 75-11-104 and amended by Chapter 364, 2024 General Session ,§ 181, eff. 9/1/2024.Added by Chapter 16, 2017 General Session ,§ 4, eff. 5/9/2017.