Duty LXD-5755
Generates audio with AI, 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).