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.
2017, cc. 33, 80.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 1 - Definitions and General Provisions
§ 64.2-101. Construction of generic terms
§ 64.2-102. Meaning of child and related terms
§ 64.2-103. Evidence of paternity
§ 64.2-104. Incorporation by reference into a will, power of attorney, or trust instrument
§ 64.2-106. Grant of certain powers to personal representative or trustee by circuit court
§ 64.2-108.1. References to former sections, articles, or chapters
§ 64.2-108.2. Provision in certain trust void
§ 64.2-118. User direction for disclosure of digital assets
§ 64.2-119. Terms-of-service agreement
§ 64.2-120. Procedure for disclosing digital assets
§ 64.2-121. Disclosure of content of electronic communications of deceased user
§ 64.2-122. Disclosure of other digital assets of deceased user
§ 64.2-123. Disclosure of content of electronic communications of principal
§ 64.2-124. Disclosure of other digital assets of principal
§ 64.2-125. Disclosure of digital assets held in trust when trustee is original user
§ 64.2-127. Disclosure of other digital assets held in trust when trustee is not original user
§ 64.2-128. Disclosure of digital assets to conservator or guardian of protected person
§ 64.2-129. Fiduciary duty and authority
§ 64.2-130. Custodian compliance and immunity
§ 64.2-131. Uniformity of application and construction
§ 64.2-132. Relation to Electronic Signatures in Global and National Commerce Act