§ 33-27.1-4. User direction for disclosure of digital assets.
(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not 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 subsection (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 subsection (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.
History of Section.P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act
Section 33-27.1-1. - Short title.
Section 33-27.1-2. - Definitions.
Section 33-27.1-3. - Applicability.
Section 33-27.1-4. - User direction for disclosure of digital assets.
Section 33-27.1-5. - Terms-of-service agreement.
Section 33-27.1-6. - Procedure for disclosing digital assets.
Section 33-27.1-7. - Disclosure of content of electronic communications of deceased user.
Section 33-27.1-8. - Disclosure of other digital assets of deceased user.
Section 33-27.1-9. - Disclosure of content of electronic communications of principal.
Section 33-27.1-10. - Disclosure of other digital assets of principal.
Section 33-27.1-11. - Disclosure of digital assets held in trust when trustee is original user.
Section 33-27.1-14. - Disclosure of digital assets to guardian or conservator of protected person.
Section 33-27.1-15. - Fiduciary duty and authority.
Section 33-27.1-16. - Custodian compliance and immunity.
Section 33-27.1-17. - Uniformity of application and construction.
Section 33-27.1-18. - Relation to Electronic Signatures in Global and National Commerce Act.