Chapter 521A — User Direction for Disclosure of Digital Assets on MinnesotaLawyer.comhttps://minnesotalawyer.com/statutes/chapter-521a/Recent content in Chapter 521A — User Direction for Disclosure of Digital Assets on MinnesotaLawyer.comHugoen-us§ 521A.01 — Short Titlehttps://minnesotalawyer.com/statutes/chapter-521a/521a.01/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-521a/521a.01/This section gives the official short name for this chapter. It may be cited as the ‘Revised Uniform Fiduciary Access to Digital Assets Act.’§ 521A.02 — Definitionshttps://minnesotalawyer.com/statutes/chapter-521a/521a.02/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-521a/521a.02/This section defines key terms used in the digital assets law, including what counts as a digital asset, electronic communication, custodian, fiduciary, and user. These definitions determine what the law covers.§ 521A.03 — Applicabilityhttps://minnesotalawyer.com/statutes/chapter-521a/521a.03/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-521a/521a.03/This section explains when the digital assets law applies. It covers fiduciaries acting under wills, trusts, powers of attorney, and court appointments when they need to access a deceased or incapacitated person’s digital accounts.§ 521A.04 — User Direction for Disclosure of Digital Assetshttps://minnesotalawyer.com/statutes/chapter-521a/521a.04/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-521a/521a.04/This section lets users direct how their digital assets should be handled after death or incapacity. A user can use an online tool provided by the custodian or include directions in a will, trust, or power of attorney.§ 521A.05 — Terms-of-service Agreementhttps://minnesotalawyer.com/statutes/chapter-521a/521a.05/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-521a/521a.05/This section explains how a terms-of-service agreement between a user and a custodian interacts with this law. If the user has not given separate directions, the terms of service control access to the account.§ 521A.06 — Procedure for Disclosing Digital Assetshttps://minnesotalawyer.com/statutes/chapter-521a/521a.06/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-521a/521a.06/This section sets out the steps a custodian must follow when asked to give a fiduciary access to a user’s digital assets. The custodian can require the fiduciary to provide court orders, death certificates, or other proof of authority.§ 521A.07 — Disclosure of Content of Electronic Communications of Deceased Userhttps://minnesotalawyer.com/statutes/chapter-521a/521a.07/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-521a/521a.07/This section governs when the personal representative of a deceased person’s estate can access the content of the deceased person’s electronic communications, such as emails and text messages. The user must have consented or a court must approve access.§ 521A.08 — Disclosure of Other Digital Assets of Deceased Userhttps://minnesotalawyer.com/statutes/chapter-521a/521a.08/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-521a/521a.08/This section allows the personal representative of a deceased person’s estate to access digital assets other than the content of electronic communications, such as online files, photos, and financial accounts. A catalog of communications may also be disclosed.§ 521A.09 — Disclosure of Content of Electronic Communications of Principalhttps://minnesotalawyer.com/statutes/chapter-521a/521a.09/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-521a/521a.09/This section governs when an agent under a power of attorney can access the content of electronic communications. The power of attorney must specifically grant this authority, and the principal must have consented.§ 521A.10 — Disclosure of Other Digital Assets of Principalhttps://minnesotalawyer.com/statutes/chapter-521a/521a.10/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-521a/521a.10/This section allows an agent under a power of attorney to access digital assets other than the content of electronic communications if the power of attorney gives the agent that authority.§ 521A.11 — Disclosure of Digital Assets Held in Trust When Trustee is Original Userhttps://minnesotalawyer.com/statutes/chapter-521a/521a.11/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-521a/521a.11/This section says that if a trustee is also the original user of a digital account, the trustee has the right to access the digital assets held in trust as the account holder normally would.§ 521A.12 — Disclosure of Content of Electronic Communications Held in Trust When Trustee Not Original Userhttps://minnesotalawyer.com/statutes/chapter-521a/521a.12/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-521a/521a.12/This section governs when a trustee who is not the original account holder can access the content of electronic communications held in the trust. The trust must specifically grant this access or the original user must have consented.§ 521A.13 — Disclosure of Other Digital Assets Held in Trust When Trustee Not Original Userhttps://minnesotalawyer.com/statutes/chapter-521a/521a.13/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-521a/521a.13/This section allows a trustee who is not the original user to access digital assets other than electronic communications content if the trust agreement grants that authority.§ 521A.14 — Disclosure of Digital Assets to Conservator of Protected Personhttps://minnesotalawyer.com/statutes/chapter-521a/521a.14/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-521a/521a.14/This section governs how a court-appointed conservator can access the digital assets of a protected person. The conservator may ask the court for access, and the court may grant it after considering the protected person’s interests.§ 521A.15 — Fiduciary Duty and Authorityhttps://minnesotalawyer.com/statutes/chapter-521a/521a.15/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-521a/521a.15/This section defines the fiduciary duties that apply when managing digital assets. The fiduciary must act within the scope of their authority and follow applicable privacy and data protection laws.§ 521A.16 — Custodian Compliance and Immunityhttps://minnesotalawyer.com/statutes/chapter-521a/521a.16/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-521a/521a.16/This section protects custodians (like email providers and social media companies) from liability when they comply with this law in good faith. Custodians can charge reasonable fees for providing access.§ 521A.17 — Uniformity of Application and Constructionhttps://minnesotalawyer.com/statutes/chapter-521a/521a.17/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-521a/521a.17/This section says this law should be applied and interpreted consistently with the same law in other states to keep the rules uniform across the country.§ 521A.18 — Relation to Electronic Signatures in Global and National Commerce Acthttps://minnesotalawyer.com/statutes/chapter-521a/521a.18/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-521a/521a.18/This section says this law modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act but does not affect certain consumer consent provisions of that federal law.§ 521A.19 — Severabilityhttps://minnesotalawyer.com/statutes/chapter-521a/521a.19/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-521a/521a.19/This section says that if any part of this law is found invalid or unconstitutional, the rest of the law still applies.