(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) 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) 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.
Structure Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 75 - Revised Uniform Fiduciary Access to Digital Assets Act
§ 28-75-104. User direction for disclosure of digital assets
§ 28-75-105. Terms-of-service agreement
§ 28-75-106. Procedure for disclosing digital assets
§ 28-75-107. Disclosure of content of electronic communications of deceased user
§ 28-75-108. Disclosure of other digital assets of deceased user
§ 28-75-109. Disclosure of content of electronic communications of principal
§ 28-75-110. Disclosure of other digital assets of principal
§ 28-75-111. Disclosure of digital assets held in trust when trustee is original user
§ 28-75-113. Disclosure of other digital assets held in trust when trustee not original user
§ 28-75-114. Disclosure of digital assets to guardian of estate
§ 28-75-115. Fiduciary duty and authority
§ 28-75-116. Custodian compliance and immunity
§ 28-75-117. Uniformity of application and construction
§ 28-75-118. Relation to Electronic Signatures and Global National Commerce Act