Wash. Rev. Code § 11.120.010
Short title—2016 c 140
This act may be known and cited as the revised uniform fiduciary access to digital assets act.
Revised Code of Washington Chapter 11.120 — Uniform Fiduciary Access to Digital Assets Act
Washington · statute · Wash. Rev. Code ch. 11.120 · 18 active provisions
Wash. Rev. Code § 11.120.020
Definitions
In this chapter:(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 nondurable power…
Wash. Rev. Code § 11.120.030
Applicability
(1) This chapter applies to:(a) A fiduciary acting under a will or power of attorney executed before, on, or after June 9, 2016;(b) A personal representative acting for a decedent who died before, on, or after June 9, 2016;(c) A guardian acting for an incapacitated person appointed before, on, or after June 9, 2016;(d)…
Wash. Rev. Code § 11.120.040
User direction for disclosure of digital assets
(1) 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 direction at all times, a direction regarding disclosu…
Wash. Rev. Code § 11.120.050
Terms-of-service agreement
(1) This chapter 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.(2) This chapter does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the…
Wash. Rev. Code § 11.120.060
Procedure for disclosing digital assets
(1) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion:(a) Grant a fiduciary or designated recipient full access to the user's account;(b) Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fidu…
Wash. Rev. Code § 11.120.070
Disclosure of content of electronic communications of deceased user
If a deceased user consented to 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 or received by the user if the personal representative gives the c…
Wash. Rev. Code § 11.120.080
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, other than the content of electronic communications…
Wash. Rev. Code § 11.120.090
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 content if the agent gives the custodian:(1) A written request fo…
Wash. Rev. Code § 11.120.100
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 communications sent or received by the principal and dig…
Wash. Rev. Code § 11.120.110
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 that account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
Wash. Rev. Code § 11.120.120
Disclosure of content 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 received by an original or successor user and carried, maintained, processed, received, or stored by…
Wash. Rev. Code § 11.120.130
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 original or successor user and stored, carried, or maintained by the custodian in an a…
Wash. Rev. Code § 11.120.140
Disclosure of digital assets to guardian or conservator of incapacitated person
(1) Unless otherwise ordered by the court, a guardian or conservator appointed under chapter 11.130 RCW has the right to access an incapacitated person's digital assets other than the content of electronic communications.(2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a…
Wash. Rev. Code § 11.120.150
Fiduciary duty and authority
(1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:(a) The duty of care;(b) The duty of loyalty; and(c) The duty of confidentiality.(2) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:(a) Ex…
Wash. Rev. Code § 11.120.160
Custodian compliance and immunity
(1) Not later than sixty days after receipt of the information required under RCW 11.120.070 through 11.120.150, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or desi…
Wash. Rev. Code § 11.120.900
Uniformity of application and construction
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Wash. Rev. Code § 11.120.901
Relation to electronic signatures in global and national commerce act
This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. Sec. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).