# Ark. Code Ann. § 28-75-106: Procedure for disclosing digital assets > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C28_S28-75-106 ## Section - **Citation:** Ark. Code Ann. § 28-75-106 - **Heading:** Procedure for disclosing digital assets - **Jurisdiction:** Arkansas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** AR Code / Title 28 / Chapter 28 / Section 28-75-106 ## Text (a) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion: (1) grant a fiduciary or designated recipient full access to the user's account; (2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or (3) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account. (b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter. (c) A custodian need not disclose under this chapter a digital asset deleted by a user. (d) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose: (1) a subset limited by date of the user's digital assets; (2) all of the user's digital assets to the fiduciary or designated recipient; (3) none of the user's digital assets; or (4) all of the user's digital assets to the court for review in camera. Added by Act 2017, No. 886,§ 1, eff. 8/1/2017. (a) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion: (1) grant a fiduciary or designated recipient full access to the user's account; (2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or (3) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account. (1) grant a fiduciary or designated recipient full access to the user's account; (2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or (3) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account. (b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter. (c) A custodian need not disclose under this chapter a digital asset deleted by a user. (d) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose: (1) a subset limited by date of the user's digital assets; (2) all of the user's digital assets to the fiduciary or designated recipient; (3) none of the user's digital assets; or (4) all of the user's digital assets to the court for review in camera. (1) a subset limited by date of the user's digital assets; (2) all of the user's digital assets to the fiduciary or designated recipient; (3) none of the user's digital assets; or (4) all of the user's digital assets to the court for review in camera. Added by Act 2017, No. 886,§ 1, eff. 8/1/2017. ## Nearby sections - [Ark. Code Ann. § 28-75-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C28_S28-75-101.md) - [Ark. Code Ann. § 28-75-102 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C28_S28-75-102.md) - [Ark. Code Ann. § 28-75-103 Applicability](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C28_S28-75-103.md) - [Ark. Code Ann. § 28-75-104 User direction for disclosure of digital assets](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C28_S28-75-104.md) - [Ark. Code Ann. § 28-75-105 Terms-of-service agreement](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C28_S28-75-105.md) - [Ark. Code Ann. § 28-75-106 Procedure for disclosing digital assets](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C28_S28-75-106.md) - [Ark. Code Ann. § 28-75-107 Disclosure of content of electronic communications of deceased user](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C28_S28-75-107.md) - [Ark. Code Ann. § 28-75-108 Disclosure of other digital assets of deceased user](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C28_S28-75-108.md) - [Ark. Code Ann. § 28-75-109 Disclosure of content of electronic communications of principal](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C28_S28-75-109.md) - [Ark. Code Ann. § 28-75-110 Disclosure of other digital assets of principal](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C28_S28-75-110.md) - [Ark. Code Ann. § 28-75-111 Disclosure of digital assets held in trust when trustee is original user](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C28_S28-75-111.md) - [Ark. Code Ann. § 28-75-112 Disclosure of contents of electronic communications held in trust when trustee not original user](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C28_S28-75-112.md) - [Ark. Code Ann. § 28-75-113 Disclosure of other digital assets held in trust when trustee not original user](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C28_S28-75-113.md) - [Ark. Code Ann. § 28-75-114 Disclosure of digital assets to guardian of estate](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C28_S28-75-114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C28_S28-75-106. Check the current official text before relying on it. Not legal advice.