Section 32-39-2-2 - Rights of custodian, user, and fiduciary or designated recipient under terms-of-service agreement; modification or elimination of fiduciary's access(a) This article does not change or impair a right of:(2) a user; under a terms-of-service agreement to access and use digital assets of the user.
(b) This article does not give a fiduciary or designated recipient any new or expanded rights other than the rights held by the user:(1) for whom the fiduciary or designated recipient acts;(2) who is represented by the fiduciary or designated recipient; or(3) whose estate the fiduciary represents or acts for.(c) A fiduciary's access to a user's digital assets may be modified or eliminated: (3) by a terms-of-service agreement; if the user has not given a direction under section 1(a) of this chapter or allowed or prohibited disclosure through a will, trust, power of attorney, or other record under section 1(b) of this chapter.
Added by P.L. 137-2016, SEC. 14, eff. 7/1/2016.