A. The Revised Uniform Fiduciary Access to Digital Assets 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. The Revised Uniform Fiduciary Access to Digital Assets 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 Section 4 of the Revised Uniform Fiduciary Access to Digital Assets Act [46-13-4 NMSA 1978].
History: Laws 2017, ch. 72, § 5.
Effective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 5 effective January 1, 2018.
Structure New Mexico Statutes
Chapter 46 - Fiduciaries and Trusts
Article 13 - Revised Uniform Fiduciary Access to Digital Assets
Section 46-13-1 - Short title.
Section 46-13-2 - Definitions.
Section 46-13-3 - Applicability.
Section 46-13-4 - User direction for disclosure of digital assets.
Section 46-13-5 - Terms-of-service agreement.
Section 46-13-6 - Procedure for disclosing digital assets.
Section 46-13-7 - Disclosure of content of electronic communications of deceased user.
Section 46-13-8 - Disclosure of other digital assets of a deceased user.
Section 46-13-9 - Disclosure of content of electronic communications of principal.
Section 46-13-10 - Disclosure of other digital assets of principal.
Section 46-13-11 - Disclosure of digital assets held in trust when trustee is an original user.
Section 46-13-14 - Disclosure of digital assets to conservator of a protected person.
Section 46-13-15 - Fiduciary duty and authority.
Section 46-13-16 - Custodian compliance and immunity.
Section 46-13-17 - Uniformity of application and construction.
Section 46-13-18 - Relation to Electronic Signatures in Global and National Commerce Act.