                                 CODE OF VIRGINIA

USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS (§ 64.2-118)

A. 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&#8217;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.

B. If a user has not used an online tool to give direction under subsection A 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&#8217;s digital assets, including the content of
electronic communications sent or received by the user.

C. A user&#8217;s direction under subsection A or B overrides a contrary
provision in a terms-of-service agreement that does not require the user to act
affirmatively and distinctly from the user&#8217;s assent to the terms of
service.

HISTORY: 2017, cc. 33, 80.