Duty LXD-2513
Makes employment decisions, in New Brunswick
Fiduciaries Access to Digital Assets Act, a fiduciary's right of access against a custodian of digital assetssince 4 lines
S.N.B. 2022, c. 59, ss. 1, 4, 6-8 · 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 a digital asset of an employer 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, proof of identity and the documents the Act lists; you may charge a reasonable fee for providing access, subject to the regulations (s. 8).
- Treat the fiduciary as having the account holder's consent for you to disclose the content of the digital asset to the fiduciary (s. 6 (1) (a)).
- Do not rely on a service-agreement provision that limits a fiduciary's right of access unless the account holder agreed to it by an affirmative act separate from agreeing to the other provisions; otherwise the provision is void, and a provision restricting jurisdiction or venue to a forum outside New Brunswick is void for a dispute about that right (ss. 6 (2) (a), 7 (2)).