(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 paragraph (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 paragraph (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.
2016 c 135 art 2 s 5
Structure Minnesota Statutes
Chapters 520 - 523 — Fiduciaries; Powers Of Attorney
Chapter 521A — Uniform Fiduciary Access To Digital Assets Act
Section 521A.01 — Short Title.
Section 521A.02 — Definitions.
Section 521A.03 — Applicability.
Section 521A.04 — User Direction For Disclosure Of Digital Assets.
Section 521A.05 — Terms-of-service Agreement.
Section 521A.06 — Procedure For Disclosing Digital Assets.
Section 521A.07 — Disclosure Of Content Of Electronic Communications Of Deceased User.
Section 521A.08 — Disclosure Of Other Digital Assets Of Deceased User.
Section 521A.09 — Disclosure Of Content Of Electronic Communications Of Principal.
Section 521A.10 — Disclosure Of Other Digital Assets Of Principal.
Section 521A.11 — Disclosure Of Digital Assets Held In Trust When Trustee Is Original User.
Section 521A.13 — Disclosure Of Other Digital Assets Held In Trust When Trustee Not Original User.
Section 521A.14 — Disclosure Of Digital Assets To Conservator Of Protected Person.
Section 521A.15 — Fiduciary Duty And Authority.
Section 521A.16 — Custodian Compliance And Immunity.
Section 521A.17 — Uniformity Of Application And Construction.
Section 521A.18 — Relation To Electronic Signatures In Global And National Commerce Act.