Effective: April 6, 2017
Latest Legislation: House Bill 432 - 131st General Assembly
(A) A user may use an online tool to direct the custodian to disclose or not to disclose to a designated recipient 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 division (A) of this section, 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 division (A) or (B) of this s ection 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.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Chapter 2137 | Uniform Fiduciary Access to Digital Assets Act
Section 2137.01 | Definitions.
Section 2137.02 | Applicability.
Section 2137.03 | User Direction for Disclosure of Digital Assets.
Section 2137.04 | Terms-of-Service Agreement.
Section 2137.05 | Procedure of Disclosing Digital Assets.
Section 2137.06 | Disclosure of Content of Electronic Communications of Deceased User.
Section 2137.07 | Disclosure of Other Digital Assets of Deceased User.
Section 2137.08 | Disclosure of Content of Electronic Communications of Principal.
Section 2137.09 | Disclosure of Other Digital Assets of Principal.
Section 2137.10 | Disclosure of Digital Assets Held in Trust When Trustee Is Original User.
Section 2137.12 | Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User.
Section 2137.13 | Disclosure of Digital Assets to Guardian of Ward.
Section 2137.14 | Fiduciary Duty and Authority.
Section 2137.15 | Custodian Compliance and Immunity.
Section 2137.16 | Uniformity of Application and Construction.
Section 2137.17 | Relation to Electronic Signatures in Global and National Commerce Act.