South Dakota Codified Laws
Chapter 19 - Uniform Fiduciary Access To Digital Assets Act
Section 55-19-3 - Applicability to custodians and employer assets used by employee.

55-19-3. Applicability to custodians and employer assets used by employee.
This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user's death. This chapter does not apply to any digital asset of an employer used by an employee in the ordinary course of the employer's business.

Source: SL 2017, ch 209, ยง3.

Structure South Dakota Codified Laws

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 55-19-12 - Disclosure of contents of electronic communications held in trust when trustee not 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 55-19-18 - Fiduciary right of access to digital asset not held by custodian or subject to terms-of-service agreement.

Section 55-19-19 - Fiduciary as authorized user for purposes of computer fraud or unauthorized access law.

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.

Section 55-19-27 - Custodian immunity.