Sec. 5.
(1) This act does not change or impair a right of a digital custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
(2) 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 who the fiduciary or designated recipient represents.
(3) 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 section 4.
History: 2016, Act 59, Eff. June 27, 2016
Structure Michigan Compiled Laws
Chapter 700 - Estates and Protected Individuals Code
Act 59 of 2016 - Fiduciary Access to Digital Assets Act (700.1001 - 700.1018)
Section 700.1001 - Short Title.
Section 700.1002 - Definitions.
Section 700.1003 - Applicability
Section 700.1006 - Disclosure of Digital Assets by Digital Custodian; Requirements.
Section 700.1008 - Disclosure of Other Digital Assets of Deceased User to Personal Representative.
Section 700.1009 - Disclosure of Content of Electronic Communications Sent or Received by Principal.
Section 700.1010 - Disclosure of Other Digital Assets of Principal.
Section 700.1012 - Disclosure of Content of Electronic Communication When Trustee Not Original User.
Section 700.1013 - Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User.
Section 700.1014 - Disclosure of Protected Person's Digital Assets to Conservator.
Section 700.1015 - Duties and Authority of Fiduciary.
Section 700.1016 - Digital Custodian; Compliance; Liability; Immunity.
Section 700.1018 - Electronic Signatures in Global and National Commerce Act; Effect.