72-31-403. User direction for disclosure of digital assets. (1) 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.
(2) 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 sent or received by the user.
(3) 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.
History: En. Sec. 3, Ch. 286, L. 2017.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 31. Miscellaneous Provisions Relating to Fiduciaries
Part 4. Revised Uniform Fiduciary Access to Digital Assets Act
72-31-403. User direction for disclosure of digital assets
72-31-404. Terms-of-service agreement
72-31-405. Procedure for disclosing digital assets
72-31-406. Disclosure of content of electronic communications of deceased user
72-31-407. Disclosure of other digital assets of deceased user
72-31-408. Disclosure of content of electronic communications of principal
72-31-409. Disclosure of other digital assets of principal
72-31-410. Disclosure of digital assets held in trust when trustee is original user
72-31-412. Disclosure of other digital assets held in trust when trustee not original user
72-31-413. Disclosure of digital assets to conservator of protected person
72-31-414. Fiduciary duty and authority
72-31-415. Custodian compliance and immunity
72-31-416. Uniformity of application and construction
72-31-417. Relation to Electronic Signatures in Global and National Commerce Act