# KRS § 395A.020: 395A.020 Definitions for chapter

> Kentucky · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXIV_C395A_S395A.020

## Section

- **Citation:** KRS § 395A.020
- **Heading:** 395A.020 Definitions for chapter
- **Jurisdiction:** Kentucky
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** KY Code / Title XXXIV / Chapter 395A / Section 395A.020

## Text

395A.020 Definitions for chapter.

As used in this chapter:

(1) "Account" means an arrangement under a terms-of-service agreement in which a

custodian carries, maintains, processes, receives, or stores a digital asset of the user

or provides goods or services to the user;

(2) "Agent" means an attorney-in-fact granted authority under a durable or nondurable

power of attorney;

(3) "Carries" means engages in the transmission of an electronic communication;

(4) "Catalogue of electronic communications" means information that identifies each

person with which a user has had an electronic communication, the time and date of

the communication, and the electronic address of the person;

(5) "Conservator" means a person appointed by a court to manage the estate of a living

individual. The term includes a limited conservator;

(6) "Content of an electronic communication" means information concerning the

substance or meaning of the communication which:

(a) Has been sent or received by a user;

(b) Is in electronic storage by a custodian providing an electronic communication

service to the public or is carried or maintained by a custodian providing a

remote computing service to the public; and

(c) Is not readily accessible to the public;

(7) "Court" means District Court;

(8) "Custodian" means a person that carries, maintains, processes, receives, or stores a

digital asset of a user;

(9) "Designated recipient" means a person chosen by a user using an online tool to

administer digital assets of the user;

(10) "Digital asset" means an electronic record in which an individual has a right or

interest. The term does not include an underlying asset or liability unless the asset or

liability is itself an electronic record;

(11) "Electronic" means relating to technology having electrical, digital, magnetic,

wireless, optical, electromagnetic, or similar capabilities;

(12) "Electronic communication" has the meaning set forth in 18 U.S.C. sec. 2510(12),

as amended;

(13) "Electronic communication service" means a custodian that provides to a user the

ability to send or receive an electronic communication;

(14) "Fiduciary" means an original, additional, or successor personal representative,

conservator, agent, or trustee;

(15) "Information" means data, text, images, videos, sounds, codes, computer programs,

software, databases, or the like;

(16) "Online tool" means an electronic service provided by a custodian that allows the

user, in an agreement distinct from the terms-of-service agreement between the

custodian and user, to provide directions for disclosure or nondisclosure of digital

assets to a third person;

(17) "Person" means an individual, estate, business or nonprofit entity, public

corporation, government or governmental subdivision, agency, or instrumentality,

or other legal entity;

(18) "Personal representative" means an executor, administrator, special administrator,

or person that performs substantially the same function under law of this state other

than this chapter;

(19) "Power of attorney" means a record that grants an agent authority to act in the place

of a principal;

(20) "Principal" means an individual who grants authority to an agent in a power of

attorney;

(21) "Protected person" means an individual for whom a conservator has been appointed.

The term includes an individual for whom an application for the appointment of a

conservator is pending;

(22) "Record" means information that is inscribed on a tangible medium or that is stored

in an electronic or other medium and is retrievable in perceivable form;

(23) "Remote computing service" means a custodian that provides to a user computer-

processing services or the storage of digital assets by means of an electronic

communications system, as defined in 18 U.S.C. sec. 2510(14), as amended;

(24) "Terms of service agreement" means an agreement that controls the relationship

between a user and a custodian;
um and is retrievable in perceivable form;

(23) "Remote computing service" means a custodian that provides to a user computer-

processing services or the storage of digital assets by means of an electronic

communications system, as defined in 18 U.S.C. sec. 2510(14), as amended;

(24) "Terms of service agreement" means an agreement that controls the relationship

between a user and a custodian;

(25) "Trustee" means a fiduciary with legal title to property under an agreement or

declaration that creates a beneficial interest in another. The term includes a

successor trustee;

(26) "User" means a person that has an account with a custodian; and

(27) "Will" includes a codicil, testamentary instrument that only appoints an executor,

and instrument that revokes or revises a testamentary instrument.

## Nearby sections

- [KRS § 395A.010 395A.010 Short title](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXIV_C395A_S395A.010.md)
- [KRS § 395A.020 395A.020 Definitions for chapter](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXIV_C395A_S395A.020.md)
- [KRS § 395A.030 395A.030 Applicability](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXIV_C395A_S395A.030.md)
- [KRS § 395A.040 395A.040 User direction for disclosure of digital assets](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXIV_C395A_S395A.040.md)
- [KRS § 395A.050 395A.050 Terms-of-service agreement](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXIV_C395A_S395A.050.md)
- [KRS § 395A.060 395A.060 Procedure for disclosing digital assets](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXIV_C395A_S395A.060.md)
- [KRS § 395A.070 395A.070 Disclosure of content of electronic communications of deceased user](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXIV_C395A_S395A.070.md)
- [KRS § 395A.080 395A.080 Disclosure of other digital assets of deceased user](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXIV_C395A_S395A.080.md)
- [KRS § 395A.090 395A.090 Disclosure of content of electronic communications of principal](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXIV_C395A_S395A.090.md)
- [KRS § 395A.100 395A.100 Disclosure of other digital assets of principal](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXIV_C395A_S395A.100.md)
- [KRS § 395A.110 395A.110 Disclosure of digital assets held in trust when trustee is original user](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXIV_C395A_S395A.110.md)
- [KRS § 395A.120 395A.120 Disclosure of contents of electronic communications held in trust when trustee is not original user](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXIV_C395A_S395A.120.md)
- [KRS § 395A.130 395A.130 Disclosure of other digital assets held in trust when trustee is not original user](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXIV_C395A_S395A.130.md)
- [KRS § 395A.140 395A.140 Disclosure of digital assets to conservator of protected person](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXIV_C395A_S395A.140.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXIV_C395A_S395A.020. Check the current official text before relying on it. Not legal advice.
