2018 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 75 - Revised Uniform Fiduciary Access to Digital Assets Act
§ 28-75-115. Fiduciary duty and authority

Universal Citation: AR Code § 28-75-115 (2018)
  • (a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:

    • (1) the duty of care;

    • (2) the duty of loyalty; and

    • (3) the duty of confidentiality.

  • (b) A fiduciary's authority with respect to a digital asset of a user:

    • (1) except as otherwise provided in § 28-75-104, is subject to the applicable terms of service;

    • (2) is subject to other applicable law, including copyright law;

    • (3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and

    • (4) may not be used to impersonate the user.

  • (c) A fiduciary with authority over the property of a decedent, ward, principal, or settlor has the right to access any digital asset in which the decedent, ward, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.

  • (d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, ward, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws.

  • (e) A fiduciary with authority over the tangible, personal property of a decedent, ward, principal, or settlor:

    • (1) has the right to access the property and any digital asset stored in it; and

    • (2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws.

  • (f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.

  • (g) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:

    • (1) if the user is deceased, a certified copy of the death certificate of the user;

    • (2) a certified copy of the Letters Testamentary, Letters of Administration, small-estate affidavit or court order, power of attorney, trust, or court order giving the fiduciary authority over the account; and

    • (3) if requested by the custodian:

      • (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

      • (B) evidence linking the account to the user; or

      • (C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (3)(A).

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