HB138 Summary

• Adopts the Revised Uniform Fiduciary Access to Digital Assets Act as Chapter 1A of Title 19, Alabama Code, effective January 1, 2018.

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

• Allows users to direct disclosure or non-disclosure of digital assets through online tools, which override contrary directions in wills, trusts, powers of attorney, or other documents.

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

• Requires custodians to comply with disclosure requests from fiduciaries or designated recipients within 60 days and provides immunity for good faith compliance; establishes court procedures for enforcement and appeal.