(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 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: 2016 Act No. 260 (S.908), Section 2, eff June 3, 2016.
Structure South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Article 2 - Intestate Succession And Wills
Section 62-2-101. Intestate estate.
Section 62-2-102. Share of the spouse.
Section 62-2-103. Share of heirs other than surviving spouse.
Section 62-2-104. Requirement that individual survive decedent for one hundred twenty hours.
Section 62-2-106. Representation; disclaimer by intestate beneficiary.
Section 62-2-107. Kindred of half blood.
Section 62-2-108. Afterborn heirs.
Section 62-2-109. Meaning of child and related terms.
Section 62-2-110. Advancements.
Section 62-2-111. Debts to decedent.
Section 62-2-113. Persons related to decedent through two lines.
Section 62-2-201. Right of elective share.
Section 62-2-202. Probate estate.
Section 62-2-203. Exercise of right of election by surviving spouse.
Section 62-2-205. Proceedings for elective share; time limit.
Section 62-2-206. Effect of election on benefits by will or statute.
Section 62-2-301. Omitted spouse.
Section 62-2-302. Pretermitted children.
Section 62-2-401. Exempt property.
Section 62-2-402. Source, determination, and documentation.
Section 62-2-403. Federal veteran payments shall be exempt from creditors' claims.
Section 62-2-501. Who may make a will.
Section 62-2-503. Attestation and self-proving.
Section 62-2-505. Choice of law as to execution.
Section 62-2-506. Revocation by writing or by act.
Section 62-2-508. Revival of revoked will.
Section 62-2-509. Incorporation by reference.
Section 62-2-510. Additions to trusts.
Section 62-2-511. Events of independent significance.
Section 62-2-512. Separate writing identifying bequest of tangible property.
Section 62-2-601. Rules of construction and intention; reformation of will.
Section 62-2-602. Construction that will passes all property; after-acquired property.
Section 62-2-603. Anti-lapse; deceased devisee; class gifts.
Section 62-2-604. Failure of testamentary provision.
Section 62-2-605. Change in securities; accessions; nonademption.
Section 62-2-607. Nonexoneration.
Section 62-2-608. Exercise of power of appointment.
Section 62-2-610. Ademption by satisfaction.
Section 62-2-611. Construction that devise passes fee simple.
Section 62-2-701. Contracts concerning succession.
Section 62-2-804. Effect of provision for survivorship on succession to joint tenancy.
Section 62-2-805. Presumption of ownership of tangible personal property; exceptions.
Section 62-2-806. Modification to achieve testator's tax objectives.
Section 62-2-901. Delivery of will to judge of probate; filing.
Section 62-2-1010. Definitions.
Section 62-2-1015. Application of part.
Section 62-2-1020. User direction for disclosure of digital assets.
Section 62-2-1025. Terms-of-service agreement.
Section 62-2-1030. Procedure for disclosing digital assets.
Section 62-2-1035. Disclosure of content of electronic communications of deceased user.
Section 62-2-1040. Disclosure of other digital assets of deceased user.
Section 62-2-1045. Disclosure of content of electronic communications of principal.
Section 62-2-1050. Disclosure of other digital assets of principal.
Section 62-2-1055. Disclosure of digital assets held in trust when trustee is original user.
Section 62-2-1065. Disclosure of other digital assets held in trust when trustee not original user.
Section 62-2-1070. Disclosure of digital assets to conservator of protected person.
Section 62-2-1075. Fiduciary duty and authority.
Section 62-2-1080. Custodian compliance and immunity.
Section 62-2-1085. Uniformity of application and construction.
Section 62-2-1090. Electronic Signatures in Global and National Commerce Act.