Duty LXD-0040
Crawls the web, in Prince Edward Island
Access to Digital Assets Act, a fiduciary's right of access against a custodian of digital assetssince 4 lines
Access to Digital Assets Act, R.S.P.E.I. 1988, c. A-1.1, ss. 1, 3, 5 to 7 · Read the law's page
- These duties bind a custodian, which is any person who holds, maintains, processes, receives or stores a digital asset of an account holder; the Act does not apply to an employer's digital asset that an employee uses in the ordinary course of the employer's business (ss. 1, 2(2)).
- Give a fiduciary of an account holder access to the account holder's digital asset within 30 days after receiving the fiduciary's written request and the original order or other document granting the fiduciary's authority, or a certified copy of it (s. 7).
- Treat the fiduciary as having the account holder's consent for you to divulge the content of the digital asset to the fiduciary (s. 5(1)(b)).
- Do not rely on a service-agreement provision that limits a fiduciary's access to a digital asset unless the account holder assented to it by an affirmative act separate from assenting to the other provisions of the service agreement; otherwise the provision is void and is unenforceable against the fiduciary (ss. 5(2), 6).
Electronic Commerce Act, electronic contractsin force4 lines
R.S.P.E.I. 1988, c. E-4.1, ss. 18-21 · Read the law's page
- Treat an offer or an acceptance expressed by means of an electronic document as capable of forming a contract, unless the parties agree otherwise (s. 19(1)).
- Do not assume that a contract is invalid or unenforceable solely because an electronic document was used in its formation (s. 19(2)).
- Treat a contract formed by the interaction of an electronic agent and an individual, or by the interaction of electronic agents, as capable of binding the parties (s. 20).
- If your electronic agent deals with individuals, give them an opportunity to prevent or correct an error in an electronic document; where it does not, the document has no legal effect and is not enforceable by you if the individual notifies you of the material error as soon as practicable, takes reasonable steps to return any consideration, and has used or received no material benefit from it (s. 21).