{"data":{"id":"us-ky/krs-395a.040","jurisdiction":"us-ky","citation":"KRS 395A.040","heading":"User direction for disclosure of digital assets.","body":"(1) A user may use an online tool to direct the custodian to disclose to a designated\nrecipient or not to disclose some or all of the user's digital assets, including the\ncontent of electronic communications. If the online tool allows the user to modify or\ndelete a direction at all times, a direction regarding disclosure using an online tool\noverrides a contrary direction by the user in a will, trust, power of attorney, or other\nrecord.\n(2) If a user has not used an online tool to give direction under subsectio n (1) of this\nsection or if the custodian has not provided an online tool, the user may allow or\nprohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary\nof some or all of the user's digital assets, including the content of electronic\ncommunications sent or received by the user.\n(3) A user's direction under subsection (1) or (2) of this section overrides a contrary\nprovision in a terms -of-service agreement that does not require the user to act\naffirmatively and distinctly from the user's assent to the terms of service.","path":["KRS Chapter 395A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50222","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:27Z","sha256":"83d41001b889ce97f787df38b8ceef870c16299d737f41fb55764dd8b13ff4ef","source_id":"us-ky","stale":false,"prev":"us-ky/krs-395a.030","next":"us-ky/krs-395a.050"},"notice":"GroundRules: Original legal text. Not legal advice."}