§ 47-36-03 — User direction for disclosure of digital assets

North Dakota § 47-36-03

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-36: Uniform Fiduciary Access to Digital Assets Act

Text

1. A user may use an online tool to direct the custodian to disclose to a designated
recipient or not to disclose some or all of the user's digital assets, including the content
of electronic communications. If the online tool allows the user to modify or delete a
direction at all times, a direction regarding disclosure using an online 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 online tool to give direction under subsection 1 or if the
custodian has not provided an online 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 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.