Rights of Custodian, User, and Fiduciary or Designated Recipient Under Terms-of-Service Agreement; Modification or Elimination of Fiduciary's Access

1. Law
2. Indiana Code
3. Property
4. Revised Uniform Fiduciary Access to Digital Assets Act
5. Fiduciary's Access to Digital Assets
6. 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.

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