Title 75A Chapter 6 Section 104
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| Index | Utah Code |
| Title 75A | Fiduciaries |
| Chapter 6 | Uniform Fiduciary Access to Digital Assets Act |
| Section 104 | User direction for disclosure of digital assets.
(Effective 9/1/2024)
|
Effective 9/1/2024
75A-6-104. User direction for disclosure of digital assets.
Renumbered and Amended by Chapter 364, 2024 General Session
75A-6-104. User direction for disclosure of digital assets.
| (1) | 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. |
| (2) | If a user has not used an online tool to give direction under Subsection (1) 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. |
| (3) | A user's direction under Subsection (1) or (2) 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. |
Renumbered and Amended by Chapter 364, 2024 General Session
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