SB164 Summary

• Adopts the Revised Uniform Fiduciary Access to Digital Assets Act as Chapter 1A of Title 19, Code of Alabama 1975, effective October 1, 2016.

• Expands fiduciary powers to include management of digital assets such as computer files, web domains, virtual currency, and electronic communications.

• Allows users to direct custodians whether to disclose digital assets through online tools or in wills, trusts, powers of attorney, and other records; user directions override terms-of-service agreements.

• Restricts fiduciary access to content of electronic communications (email, text messages, social media) unless the user explicitly consents in a will, trust, power of attorney, or other written record.

• Establishes procedures for custodians to disclose digital assets to personal representatives, agents, trustees, and conservators, with custodians required to comply within 60 days of receiving proper documentation.