DIGITAL ASSETS Revised Uniform Fiduciary Access to Digital Assets Act. • Effective July 1, 2016, a Florida law which provides for personal 111. vv lJ:jl 1:._epresentatives to access digital data, such as email, photos and social media postings, after the account holder's death. • Provides fiduciaries the legal authority to 1nanage digital assets and electronic communications in the same manner that they manage a decedent's tangible assets and accounts. • Grants immunity from liability for acts or omissions done in good faith compliance with the provisions of the new act. • Gives Internet users the ability to plan for the management and disposition of their digital assets upon death or become unable to manage their assets. nr\
• Provides fiduciaries with specific authority to access, control, or copy digital assets and accounts. • The four types of fiduciaries: o personal representatives of decedents' estates; o guardians of the property of minors or incapacitated persons; o agents acting under a power of attorney; and o trustees.
"Digital Assets"
An electronic record in which an individual has a right or interest, but doesn't include an underlying asset or liability of such electronic record unless the asset or liability is itself an electronic record.
Examples of digital assets include: any information stored on a computer and other digital devices; (i) (ii) content uploaded onto websites, ranging from photos to documents; (iii) rights in digital property, such as domain names or digital entitlements associated with online games; and (iv) both the catalog and content of an electronic communication. Page 1 of 10