NRS 722.310
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 disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney or other record.

2.

If a user has not used an online tool to give direction under subsection 1 or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney or other record, disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user.

3.

A user’s direction under subsection 1 or 2 overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service.

Source: Section 722.310 — User direction for disclosure of digital assets., https://www.­leg.­state.­nv.­us/NRS/NRS-722.­html#NRS722Sec310.

722.010
Short title. 722.020
Definitions. 722.030
“Account” defined. 722.040
“Agent” defined. 722.050
“Carries” defined. 722.060
“Catalogue of electronic communications” defined. 722.070
“Content of an electronic communication” defined. 722.080
“Court” defined. 722.090
“Custodian” defined. 722.100
“Designated recipient” defined. 722.110
“Digital asset” defined. 722.120
“Electronic” defined. 722.130
“Electronic communication” defined. 722.140
“Electronic communication service” defined. 722.150
“Fiduciary” defined. 722.160
“Guardian” defined. 722.170
“Information” defined. 722.180
“Online tool” defined. 722.190
“Person” defined. 722.200
“Personal representative” defined. 722.210
“Power of attorney” defined. 722.220
“Principal” defined. 722.230
“Protected person” defined. 722.240
“Record” defined. 722.250
“Remote-computing service” defined. 722.260
“Terms-of-service agreement” defined. 722.270
“Trustee” defined. 722.280
“User” defined. 722.290
“Will” defined. 722.300
Applicability. 722.310
User direction for disclosure of digital assets. 722.320
Terms-of-service agreement. 722.330
Procedure for disclosing digital assets. 722.340
Disclosure of contents of electronic communications of deceased user. 722.350
Disclosure of other digital assets of deceased user. 722.360
Disclosure of content of electronic communications of principal. 722.370
Disclosure of other digital assets of principal. 722.380
Disclosure of digital assets held in trust when trustee is original user. 722.390
Disclosure of content of electronic communications held in trust when trustee is not original user. 722.400
Disclosure of other digital assets held in trust when trustee is not original user. 722.410
Disclosure of digital assets to guardian of protected person. 722.420
Fiduciary duties and authority. 722.430
Custodian compliance and immunity. 722.440
Uniformity of application and construction. 722.450
Relation to Electronic Signatures in Global and National Commerce Act.
Last Updated

Jun. 24, 2021

§ 722.310’s source at nv​.us