HB14 Alabama 2016 1st Special Session Session

Summary

Primary Sponsor

Randall Shedd

Republican

Session

First Special Session 2016

Title

Elected officials, authorized to designate another person to serve on certain agencies, bds, commissions, and other entities

Summary

Alabama would adopt the Revised Uniform Fiduciary Access to Digital Assets Act to let fiduciaries manage and access people’s digital assets and communications, with privacy safeguards.

What This Bill Does

It expands a fiduciary's power to manage digital assets (like files, domains, and virtual currency) and sets duties of care, loyalty, and confidentiality. It creates rules for how custodians must disclose assets to fiduciaries or designated recipients, including using online tools and overriding contrary directions in a will, trust, or power of attorney. It restricts access to the content of electronic communications unless the owner consented in a will, trust, POA, or other record, and it provides detailed procedures for handling such disclosures. It requires custodians to respond to requests within 60 days, allows court orders for more information, and provides liability protections for good-faith compliance.

Who It Affects

• Fiduciaries (executors, administrators, conservators, agents, and trustees) gain authority to access and manage digital assets and related electronic communications under the act, and must follow fiduciary duties.
• Custodians and online service providers that hold digital assets must disclose assets and content under the act, may charge reasonable fees, and are immune from liability for good-faith compliance.

Key Provisions

• Adopts the Revised Uniform Fiduciary Access to Digital Assets Act as Chapter 1A of Title 19, Code of Alabama 1975.
• Defines key terms such as digital asset, custodian, fiduciary, online tool, and designated recipient.
• Extends fiduciary powers to manage digital assets and codifies duties of care, loyalty, and confidentiality.
• Allows a user to direct disclosure of digital assets via an online tool, with such directions overriding conflicting directives in a will, trust, or power of attorney; or allows disclosure via traditional records if no online tool is used.
• Outlines how custodians may disclose digital assets to fiduciaries or designated recipients—full access, partial access, or copies of assets.
• Sets practical disclosure rules for deceased users, trusts, principals, and conservators, including required documents and court processes when needed.
• Provides procedures for termination or suspension of accounts by fiduciaries, subject to documentation and court oversight.
• Requires custodian compliance within 60 days and grants court-ordered relief if needed; includes immunity for good-faith compliance by custodians and their staff.
• Establishes limits and interactions with terms-of-service agreements and other laws, including copyright and privacy protections.
• Effective date and general alignment with uniform legal standards across states.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Municipalities