(2) If a user has not used an online tool to give direction under subsection (1) 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.
(3) A user’s direction under subsection (1) or (2) 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. [2016 c.19 §4]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 119 - Revised Uniform Fiduciary Access to Digital Assets Act
Section 119.006 - Definitions for ORS 119.006 to 119.081.
Section 119.011 - Authority of custodian.
Section 119.016 - Use of online tool to direct disclosure.
Section 119.021 - Disclosure of contents of electronic communications to personal representative.
Section 119.026 - Disclosure of catalog of electronic communications to personal representative.
Section 119.056 - Disclosure to conservator; court order.
Section 119.062 - Duties and authority of fiduciary.
Section 119.071 - Rights of custodians, users, fiduciaries and designated recipients.