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 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.
B. If a user has not used an online tool to give direction under Subsection A of this section 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.
C. A user's direction under Subsection A or B of this section 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.
History: Laws 2017, ch. 72, § 4.
Effective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 4 effective January 1, 2018.
Structure 2021 New Mexico Statutes
Chapter 46 - Fiduciaries and Trusts
Article 13 - Revised Uniform Fiduciary Access to Digital Assets
Section 46-13-1 - Short title.
Section 46-13-2 - Definitions.
Section 46-13-3 - Applicability.
Section 46-13-4 - User direction for disclosure of digital assets.
Section 46-13-5 - Terms-of-service agreement.
Section 46-13-6 - Procedure for disclosing digital assets.
Section 46-13-7 - Disclosure of content of electronic communications of deceased user.
Section 46-13-8 - Disclosure of other digital assets of a deceased user.
Section 46-13-9 - Disclosure of content of electronic communications of principal.
Section 46-13-10 - Disclosure of other digital assets of principal.
Section 46-13-11 - Disclosure of digital assets held in trust when trustee is an original user.
Section 46-13-14 - Disclosure of digital assets to conservator of a protected person.
Section 46-13-15 - Fiduciary duty and authority.
Section 46-13-16 - Custodian compliance and immunity.
Section 46-13-17 - Uniformity of application and construction.
Section 46-13-18 - Relation to Electronic Signatures in Global and National Commerce Act.