§10-104. User direction for disclosure of digital assets
1. Use of online tool. 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.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
2. No online tool used. If a user has not used an online tool to give direction under subsection 1 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.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
3. User direction overrides. A user's direction under subsection 1 or 2 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.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
SECTION HISTORY
PL 2019, c. 417, Pt. A, §107 (NEW).
Structure Maine Revised Statutes
Article 10: MAINE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT
18-C §10-104. User direction for disclosure of digital assets
18-C §10-105. Terms of service agreement
18-C §10-106. Procedure for disclosing digital assets
18-C §10-107. Disclosure of content of electronic communications of deceased user
18-C §10-108. Disclosure of other digital assets of deceased user
18-C §10-109. Disclosure of content of electronic communications of principal
18-C §10-110. Disclosure of other digital assets of principal
18-C §10-111. Disclosure of digital assets held in trust when trustee is original user
18-C §10-113. Disclosure of other digital assets held in trust when trustee is not original user
18-C §10-114. Disclosure of digital assets to conservator of protected person
18-C §10-115. Fiduciary duty and authority
18-C §10-116. Custodian compliance and immunity
18-C §10-117. Uniformity of application and construction
18-C §10-118. Relation to Electronic Signatures in Global and National Commerce Act