Section 64.2-129 - Fiduciary duty and authorityA. 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; and3. 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 § 64.2-118, is subject to the applicable terms-of-service agreement;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; and4. 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 any 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 Article 7.1 (§ 18.2-152.1 et seq.) of Chapter 5 of Title 18.2.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 any digital asset stored in it; and2. Is an authorized user for the purposes of computer-fraud and unauthorized computer-access laws, including Article 7.1 (§ 18.2-152.1 et seq.) of Chapter 5 of Title 18.2.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 shall 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 letter of appointment of the representative or a small-estate affidavit or court order, court order, power of attorney, or trust giving the fiduciary authority over the account; and3. 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; orc. A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision a.Added by Acts 2017 c. 80, § 1, eff. 7/1/2017.Added by Acts 2017 c. 33, § 1, eff. 7/1/2017.