58-4805. Terms-of-service agreement. (a) This act does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
(b) This act does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
(c) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law or by a terms-of-service agreement if the user has not provided direction under K.S.A. 2021 Supp. 58-4804, and amendments thereto.
History: L. 2017, ch. 19, ยง 5; 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.