Fiduciary Duties Over Digital Assets

A. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following, if applicable: 1. The duty of care. 2. The duty of loyalty. 3. The duty of confidentiality. B. A fiduciary's or designated recipient's authority with respect to a digital asset of a user: 1. Except as otherwise provided in section 14-13104, is subject to the applicable terms of service. 2. Is subject to other applicable law, including copyright law. 3. In the case of a fiduciary, is limited by the scope of the fiduciary's duties. 4. May not be used to impersonate the user. C. A fiduciary with authority over the property of a decedent, protected person, principal or settlor has the right to access any digital asset in which the decedent, protected person, principal or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. D. A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including section 13-2316. E. A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal or settlor: 1. Has the right to access the property and any digital asset stored in it. 2. Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including section 13-2316. F. A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user. G. A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by all of the following: 1. If the user is deceased, a certified copy of the death certificate of the user. 2. A certified copy of the letter of appointment of the representative or a small-estate affidavit or court order, a copy of the trust instrument that gives the fiduciary authority, a certification of trust, a copy of the power of attorney or a court order. 3. If requested by the custodian any of the following: (a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account. (b) Evidence linking the account to the user.