(a) A user may use an online tool to direct the custodian to disclose to the 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.
Structure Code of Alabama
Title 19 - Fiduciaries and Trusts.
Chapter 1A - Revised Uniform Fiduciary Access to Digital Assets Act
Section 19-1A-1 - (Effective January 1, 2018) Short Title.
Section 19-1A-2 - (Effective January 1, 2018) Definitions.
Section 19-1A-3 - (Effective January 1, 2018) Applicability.
Section 19-1A-4 - (Effective January 1, 2018) User Direction for Disclosure of Digital Assets.
Section 19-1A-5 - (Effective January 1, 2018) Terms-of-Service Agreement.
Section 19-1A-6 - (Effective January 1, 2018) Procedure for Disclosing Digital Assets.
Section 19-1A-8 - (Effective January 1, 2018) Disclosure of Other Digital Assets of Deceased User.
Section 19-1A-10 - (Effective January 1, 2018) Disclosure of Other Digital Assets of Principal.
Section 19-1A-15 - (Effective January 1, 2018) Fiduciary Duty and Authority.
Section 19-1A-16 - (Effective January 1, 2018) Custodian Compliance and Immunity.
Section 19-1A-17 - (Effective January 1, 2018) Uniformity of Application and Construction.