58-4804. User direction for disclosure of digital assets. (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.
History: L. 2017, ch. 19, ยง 4; July 1.
Structure Kansas Statutes
Chapter 58 - Personal And Real Property
Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015)
58-4804 User direction for disclosure of digital assets.
58-4805 Terms-of-service agreement.
58-4806 Procedure for disclosing digital assets.
58-4807 Disclosure of content of electronic communications of deceased user.
58-4808 Disclosure of other digital assets of deceased user.
58-4809 Disclosure of content of electronic communications of principal.
58-4810 Disclosure of other digital assets of principal.
58-4811 Disclosure of digital assets held in trust when trustee is original user.
58-4813 Disclosure of other digital assets held in trust when trustee is not original user.
58-4814 Disclosure of digital assets to guardian or conservator of ward or conservatee.
58-4815 Fiduciary duty and authority.
58-4816 Custodian compliance and immunity.
58-4817 Uniformity of application and construction.
58-4818 Relation to electronic signatures in global and national commerce act.