55-19-1. Definitions.
Terms used in this chapter mean:
(1)"Account," any arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user;
(2)"Agent," any attorney-in-fact granted authority under a power of attorney pursuant to chapter 59-12 or nondurable power of attorney pursuant to chapter 59-2;
(3)"Carries," engages in the transmission of an electronic communication;
(4)"Catalogue of electronic communications," information that identifies each person with whom a user has had an electronic communication, the time and date of the communication, and the electronic address of the person;
(5)"Conservator," any person appointed by a court to manage the estate of a living individual or protected person, including a limited conservator;
(6)"Content of an electronic communication," information concerning the substance or meaning of the communication that has been sent or received by a user; is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and is not readily accessible to the public;
(7)"Court," a court of competent jurisdiction;
(8)"Custodian," any person who carries, maintains, processes, receives, or stores a digital asset of a user;
(9)"Designated recipient," any person chosen by the user of an online tool to administer digital assets of the user;
(10)"Digital asset," any electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record;
(11)"Electronic," relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
(12)"Electronic communication," has the meaning set forth in 18 U.S.C. Section 2510(12), as of January 1, 2017;
(13)"Electronic-communication service," any custodian who provides to a user the ability to send or receive an electronic communication;
(14)"Fiduciary," any person who is an original, additional, or successor personal representative, conservator, agent, or trustee;
(15)"Information," data, text, images, videos, sounds, codes, computer programs, software, databases, or similar intelligence of any nature;
(16)"Online tool," any electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person;
(17)"Person," any individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity;
(18)"Personal representative," any executor, administrator, special administrator, or any person who performs substantially the same function under the law governing that person's status other than this chapter;
(19)"Power of attorney," any record that grants an agent authority to act in the place of a principal;
(20)"Principal," any individual who grants authority to an agent in a power of attorney;
(21)"Protected person," any individual for whom a conservator has been appointed, including an individual for whom an application for the appointment of a conservator is pending;
(22)"Record," information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
(23)"Remote-computing service," any custodian who provides to the public computer processing services or the storage of digital assets by means of an electronic communications system as defined in 18 U.S.C. Section 2510(14), as of January 1, 2017;
(24)"Terms-of-service agreement," any agreement that controls the relationship between a user and a custodian;
(25)"Trustee," any fiduciary, including a successor trustee, with legal title to property under an agreement or declaration that creates a beneficial interest in another;
(26)"User," any person who has an account with a custodian;
(27)"Will," includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.
Source: SL 2017, ch 209, §1; SL 2020, ch 214, § 52.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 19 - Uniform Fiduciary Access To Digital Assets Act
Section 55-19-1 - Definitions.
Section 55-19-2 - Applicability generally.
Section 55-19-3 - Applicability to custodians and employer assets used by employee.
Section 55-19-4 - User direction for disclosure of digital assets.
Section 55-19-5 - Terms-of-service agreement.
Section 55-19-6 - Procedure for disclosing digital assets.
Section 55-19-7 - Disclosure of content of electronic communications of deceased user.
Section 55-19-8 - Disclosure of other digital assets of deceased user.
Section 55-19-9 - Disclosure of content of electronic communications of principal.
Section 55-19-10 - Disclosure of other digital assets of principal.
Section 55-19-11 - Disclosure of digital assets held in trust when trustee is original user.
Section 55-19-13 - Disclosure of other digital assets held in trust when trustee not original user.
Section 55-19-14 - Disclosure of assets to conservator of protected person.
Section 55-19-15 - Suspension or termination of account of protected person.
Section 55-19-16 - Fiduciary duties.
Section 55-19-17 - Fiduciary authority generally.
Section 55-19-20 - Fiduciary right of access to digital asset.
Section 55-19-21 - Disclosure of information by custodian to fiduciary.
Section 55-19-22 - Request for termination of user's account.
Section 55-19-23 - Custodian compliance.
Section 55-19-24 - Custodian notice to user.
Section 55-19-25 - Denial by custodian of request for disclosure or termination.
Section 55-19-26 - Custodian's ability to require court order.