§ 15-1-1504 — User direction for disclosure of digital assets

Colorado § 15-1-1504

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Fiduciary

Text

(1) A user may use
an on-line tool to direct the custodian to disclose to a designated recipient or to not
disclose some or all of the user's digital assets, including the content of electronic
communications. If the on-line tool allows the user to modify or delete a direction at
all times, a direction regarding disclosure using an on-line tool overrides a contrary
direction by the user in a will, trust, power of attorney, or other record.

(2) If a user has not used an on-line tool to give direction under subsection (1)
of this section or if the custodian has not provided an on-line tool, the user may
allow or prohibit in a will, trust, power of attorney, or other record, 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.

(3) A user's direction under subsection (1) or (2) of this section overrides a
contrary provision in a terms-of-service agreement that does not require the user to
act affirmatively and distinctly from the user's assent to the terms of service.

Legislative History

Source: L. 2016: Entire part added, (SB 16-088), ch. 71, p. 182, � 1, effective August 10.