SB2106 Summary

• Creates chapter 30.1-36 of North Dakota Century Code establishing the Uniform Fiduciary Access to Digital Assets Act, allowing fiduciaries to access digital assets of decedents, protected persons, principals, and trust beneficiaries.

• Grants personal representatives, guardians, conservators, agents, and trustees the right to access electronic communications, catalogues of communications, and other digital assets held by custodians, subject to Electronic Communications Privacy Act restrictions.

• Voids terms-of-service agreement provisions that limit fiduciary access to digital assets unless the account holder affirmatively agreed to such restrictions after the effective date.

• Requires fiduciaries requesting access to provide certified documentation (letters of appointment, court orders, power of attorney copies, or trust certifications) and mandates custodians comply within 60 days or face court-ordered compliance.

• Applies retroactively to fiduciaries acting under wills or powers of attorney, personal representatives, guardianship or conservatorship proceedings, and trustees, all as of August 1, 2015; grants custodians immunity for good faith compliance with the Act.