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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 62-2-1020: User direction for disclosure of digital assets.

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Where this section sits in the code
  1. Title 62 - SOUTH CAROLINA PROBATE CODE
  2. ARTICLE 2 Intestate Succession and Wills
  3. Part 10 Uniform Fiduciary Access to Digital Assets

(A) A user may use an online tool to direct the custodian to disclose or not to disclose to a designated recipient some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.

(B) If a user has not used an online tool to give direction under subsection (A) or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.

(C) A user's direction under subsection (A) or (B) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.

Collected 2026-09-02T08:08:29Z. Source file · JSON

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