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§ 15-603. User direction for disclosure of digital assets

West's Annotated Code of MarylandEstates and TrustsEffective: April 11, 2017

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 15. Fiduciaries (Refs & Annos)
Subtitle 6. Maryland Fiduciary Access to Digital Assets Act (Refs & Annos)
Effective: April 11, 2017
MD Code, Estates and Trusts, § 15-603
§ 15-603. User direction for disclosure of digital assets
Direction through online tool; priority of online tool
(a)(1) A user may use an online tool to direct a custodian to disclose to a designated recipient or not disclose some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
(2) If the online tool allows the user to modify or delete a direction at any time, a direction under paragraph (1) of this subsection overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
Direction through will or other record
(b) If the user does not use an online tool to give direction under subsection (a) of this section or if the custodian fails to provide an online tool, the user may, in a will, trust, power of attorney, or other record, allow or prohibit disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
Terms-of-service agreement
(c) A direction by a user under subsection (a) or (b) of this section shall override a contrary provision in a terms-of-service agreement, if the terms-of-service agreement does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.

Credits

Added by Acts 2016, c. 364, § 1, eff. Oct. 1, 2016; Acts 2016, c. 365, § 1, eff. Oct. 1, 2016. Amended by Acts 2017, c. 62, § 1, eff. April 11, 2017.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2017 Legislation
Acts 2017, c. 62, § 1, in (c), substituted “subsection (a) or (b)” for “subsections (a) or (b)”.
MD Code, Estates and Trusts, § 15-603, MD EST & TRST § 15-603
Current through all legislation from the 2019 Regular Session of the General Assembly.
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