                                 CODE OF VIRGINIA

PROCEDURE FOR DISCLOSING DIGITAL ASSETS (§ 64.2-120)

A. When disclosing digital assets of a user under this article, the custodian
may, at its sole discretion:

   1. Grant a fiduciary or designated recipient full access to the user&#8217;s
   account;

   2. Grant a fiduciary or designated recipient partial access to the
   user&#8217;s account sufficient to perform the tasks with which the fiduciary
   or designated recipient is charged; or

   3. Provide a fiduciary or designated recipient a copy in a record of any
   digital asset that, on the date the custodian received the request for
   disclosure, the user could have accessed if the user were alive and had full
   capacity and access to the account.

B. A custodian may assess a reasonable administrative charge for the cost of
disclosing digital assets under this article.

C. A custodian need not disclose under this article a digital asset deleted by a
user.

D. If a user directs or a fiduciary requests a custodian to disclose under this
article some, but not all, of the user&#8217;s digital assets, the custodian
need not disclose the assets if segregation of the assets would impose an undue
burden on the custodian. If the custodian believes the direction or request
imposes an undue burden, the custodian or fiduciary may seek an order from the
court to disclose:

   1. A subset limited by date of the user&#8217;s digital assets;

   2. All of the user&#8217;s digital assets to the fiduciary or designated
   recipient;

   3. None of the user&#8217;s digital assets; or

   4. All of the user&#8217;s digital assets to the court for review in camera.

HISTORY: 2017, cc. 33, 80.