Code of Virginia (Last Updated:July 28, 2020) |
TITLE 64.2. Wills, Trusts, and Fiduciaries |
SUBTITLE I. General Provisions |
CHAPTER 1. Definitions and General Provisions |
ARTICLE 3.1. Uniform Fiduciary Access to Digital Assets Act |
SECTION 64.2-129. Fiduciary duty and authority |
A. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: 1. The duty of care; 2. The duty of loyalty; and 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 § 64.2-118 , is subject to the applicable terms-of-service agreement; 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; and 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 Article 7.1 (§ 64.2-118 et seq.) of Chapter 5 of Title 18.2. 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; and 2. Is an authorized user for the purposes of computer-fraud and unauthorized computer-access laws, including Article 7.1 (§ 64.2-118 et seq.) of Chapter 5 of Title 18.2. 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 shall be in writing, in either physical or electronic form, and accompanied by: 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, court order, power of attorney, or trust giving the fiduciary authority over the account; and 3. If requested by the custodian: 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; or c. A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision a. |