Section 15-614 - Rights and duties of fiduciaries(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (2) The duty of loyalty; and(3) The duty of confidentiality.(b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user: (1) Except as otherwise provided in § 15-603 of this subtitle, 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, protected person, principal, or settlor has the right to access a digital asset in which the decedent, protected person, 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, protected person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including § 7-302 of the Criminal Law Article.(e) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:(1) Has the right to access the property and the digital assets stored in it; and(2) Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including § 7-302 of the Criminal Law Article.(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)(1) A fiduciary of a user may request a custodian to terminate the user's account.(2) The fiduciary shall submit the request for termination to the custodian in writing, in either physical or electronic form, accompanied by:(i) If the user is deceased, a copy of the death certificate of the user;(ii) A copy of the letters of administration of the personal representative or court order appointing a special administrator, power of attorney, or trust granting the fiduciary authority over the account; and(iii) If requested by the custodian:1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;2. Evidence linking the account to the user; or3. A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in item 1 of this item.Amended by 2017 Md. Laws, Ch. 62,Sec. 1, eff. 4/11/2017.Added by 2016 Md. Laws, Ch. 365,Sec. 1, eff. 10/1/2016.Added by 2016 Md. Laws, Ch. 364,Sec. 1, eff. 10/1/2016.