Rights of custodian, user, and fiduciary or designated recipient under terms-of-service agreement; modification or elimination of fiduciary's access

Sec. 2. (a) This article does not change or impair a right of:

(1) a custodian; or

(2) a user;

under a terms-of-service agreement to access and use digital assets of the user.

(b) This article does not give a fiduciary or designated recipient any new or expanded rights other than the rights held by the user:

(1) for whom the fiduciary or designated recipient acts;

(2) who is represented by the fiduciary or designated recipient; or

(3) whose estate the fiduciary represents or acts for.

(c) A fiduciary's access to a user's digital assets may be modified or eliminated:

(1) by the user;

(2) by federal law; or

(3) by a terms-of-service agreement;

if the user has not given a direction under section 1(a) of this chapter or allowed or prohibited disclosure through a will, trust, power of attorney, or other record under section 1(b) of this chapter.

As added by P.L.137-2016, SEC.14.