755 ILCS 70/1
Short title
Short title. This Act may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act (2015). (Source: P.A. 99-775, eff. 8-12-16.)
Illinois Compiled Statutes 755 ILCS 70 — Revised Uniform Fiduciary Access to Digital Assets Act (2015).
Illinois · statute · 755 ILCS 70 · 21 active provisions
755 ILCS 70/2
Definitions
Definitions. In this Act: (1) "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (2) "Agent" means an attorney-in-fact granted authority under a durable or nondur…
755 ILCS 70/3
Applicability
Applicability. (a) This Act applies to: (1) a fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this Act; (2) a personal representative acting for a decedent who died before, on, or after the effective date of this Act; (3) a guardianship proceeding commenced before,…
755 ILCS 70/4
User direction for disclosure of digital assets
User direction for disclosure of digital assets. (a) 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 direc…
755 ILCS 70/5
Terms-of-service agreement
Terms-of-service agreement. (a) This Act does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This Act does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or fo…
755 ILCS 70/6
Procedure for disclosing digital assets
Procedure for disclosing digital assets. (a) When disclosing digital assets of a user under this Act, the custodian may at its sole discretion: (1) grant a fiduciary or designated recipient full access to the user's account; (2) grant a fiduciary or designated recipient partial access to the user's account sufficient t…
755 ILCS 70/7
Disclosure of content of electronic communications of deceased user
Disclosure of content of electronic communications of deceased user. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent…
755 ILCS 70/8
Disclosure of other digital assets of deceased user
Disclosure of other digital assets of deceased user. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets…
755 ILCS 70/9
Disclosure of content of electronic communications of principal
Disclosure of content of electronic communications of principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the…
755 ILCS 70/10
Disclosure of other digital assets of principal
Disclosure of other digital assets of principal. Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communi…
755 ILCS 70/11
Disclosure of digital assets held in trust when trustee is original user
Disclosure of digital assets held in trust when trustee is original user. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the…
755 ILCS 70/12
Disclosure of contents of electronic communications held in trust when trustee not original user
Disclosure of contents of electronic communications held in trust when trustee not original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or rec…
755 ILCS 70/13
Disclosure of other digital assets held in trust when trustee not original user
Disclosure of other digital assets held in trust when trustee not original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an origi…
755 ILCS 70/14
Disclosure of contents of electronic communications and digital assets to guardian of person with a disability
Disclosure of contents of electronic communications and digital assets to guardian of person with a disability. (a) After an opportunity for a hearing under Article XIa of the Probate Act of 1975, the court may direct the disclosure of the digital assets of a person with a disability to his or her guardian. (b) Unless…
755 ILCS 70/15
Fiduciary duty and authority
Fiduciary duty and authority. (a) (Blank). (b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user: (1) except as otherwise provided in Section 4, is subject to the applicable terms of service; (2) is subject to other applicable law, including copyright law; (3) in the case of a…
755 ILCS 70/16
Custodian compliance and immunity
Custodian compliance and immunity. (a) Not later than 60 days after receipt of the information required under Sections 7 through 15, a custodian shall comply with a request under this Act from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the f…
755 ILCS 70/17
(Blank)
(Blank). (Source: P.A. 99-775, eff. 8-12-16.)
755 ILCS 70/18
Relation to Electronic Signatures in Global and National Commerce Act
Relation to Electronic Signatures in Global and National Commerce Act. This Act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. Section 7001(c), or authorize elec…
755 ILCS 70/19
Severability
Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. (Sour…
755 ILCS 70/20
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 99-775, eff. 8-12-16; text omitted.)
755 ILCS 70/21
Effective date
Effective date. This Act takes effect upon becoming law. (Source: P.A. 99-775, eff. 8-12-16.)