55-19-17. Fiduciary authority generally.
A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
(1)Is subject to the applicable terms of service except as otherwise provided in §55-19-4;
(2)Is subject to other applicable law, including copyright law;
(3)Is limited by the scope of the fiduciary's duties, if a fiduciary; and
(4)May not be used to impersonate the user.
Source: SL 2017, ch 209, §17.
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.