AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO FIDUCIARY ACCESS TO DIGITAL ASSETS AND DIGITAL ACCOUNTS.

Plain English Breakdown

The official source does not provide specific details on technical corrections or updates to conform existing law to drafting manual standards, only that such changes were made.

Act to Help Parents Get Access to Their Minor Children's Digital Accounts

This act changes Delaware law to help parents or legal guardians get quicker access to their minor children's digital accounts and assets after the child passes away.

What This Bill Does

• Allows courts in Delaware to quickly decide if a parent or guardian can see a deceased minor's digital information, like emails and social media.
• Requires that these decisions be made within 30 days of when the request is filed.
• Makes it easier for fiduciaries (people who manage others' affairs) to get access to digital assets by sending written requests to custodians (companies that hold digital accounts).
• Ensures companies holding digital information must respond to valid requests from fiduciaries within 60 days, or face court orders.

Who It Names or Affects

• Parents and legal guardians of deceased minors who want access to their children's digital accounts.
• Companies that hold digital assets and accounts (custodians).
• Courts in Delaware, especially the Court of Chancery.

Terms To Know

Fiduciary

A person who manages another's affairs, like a parent managing their child’s digital accounts after death.

Custodian

The company or service that holds someone's digital assets and accounts.

Limits and Unknowns

• Does not specify what happens if the custodian does not respond to a request within 60 days.
• Does not cover situations where the deceased minor had specific instructions against sharing their digital information.
• The act only applies in Delaware and may differ from similar laws in other states.

Official Summary Text

AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO FIDUCIARY ACCESS TO DIGITAL ASSETS AND DIGITAL ACCOUNTS.
Ohio recently adopted “Braden’s Law”, named after Braden Markus. Braden, a high school student, tragically took his own life after being coerced into sharing sensitive photographs online and then threatened with release of the photographs on social media if he did not pay money. Braden’s parents, Jenn and Jarod, endured months of anguish after being denied access to Braden’s personal cell phone records. In response, part of Braden’s Law requires courts to adjudicate a parent or legal guardian’s request for an order directing access to a deceased minor’s digital assets and digital accounts within 30 days.

In Delaware, a fiduciary can access to digital assets and digital accounts under Chapter 50 of Title 12. A fiduciary must send to the custodian of digital assets or digital accounts a valid written request for access. The custodian must comply with the valid written request within 60 days. If the custodian fails to comply, the fiduciary can ask the Court of Chancery (the “Court”) for an order directing the custodian to grant access to the digital assets. If the fiduciary seeking access to a digital asset or digital account is a parent or legal guardian of a minor deceased account holder, this Act requires the Court to treat the application as expedited and aim to resolve the application within 30 days after the application is filed.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.