1. (1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:

   1. (a) The duty of care;
   2. (b) The duty of loyalty; and
   3. (c) The duty of confidentiality.

2. (2) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:

   1. (a) Except as otherwise provided in section 15-1-1504, is subject to the applicable terms of service;
   2. (b) Is subject to other applicable law, including copyright law;
   3. (c) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
   4. (d) May not be used to impersonate the user.
3. (3) A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
4. (4) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including article 5.5 of title 18, C.R.S.

5. (5) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:

   1. (a) Has the right to access the property and any digital asset stored in it; and
   2. (b) Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including article 5.5 of title 18, C.R.S.
6. (6) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.

7. (7) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:

   1. (a) If the user is deceased, a certified copy of the death certificate of the user;
   2. (b) A certified copy of the letter of appointment of the representative or a small-estate affidavit or court order, court order, power of attorney, or trust giving the fiduciary authority over the account; and

   3. (c) If requested by the custodian:

      1. (I) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
      2. (II) Evidence linking the account to the user; or
      3. (III) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (I) of this paragraph (c).
8. (8) A domiciliary foreign personal representative is not required to comply with the provisions of section 15-13-204, or with any other provision of article 13 of this title, as a condition to obtaining disclosure of a digital asset pursuant to this part 15.
9. (9) A foreign conservator is not required to comply with the provisions of section 15-14-433 as a condition to obtaining disclosure of a digital asset pursuant to this part 15.

Source: L. 2016: Entire part added, (SB 16-088), ch. 71, p. 187, § 1, effective August 10.