What is the law concerning the ownership and management of digital assets?
California law recognizes digital assets as separate property from physical assets. This means that an individual’s digital assets are their own and can be managed in a way that reflects their wishes. Ownership and management of digital assets are governed by the Uniform Fiduciary Access to Digital Assets Act (UFADAA). Under this law, any digital asset an individual owns, such as an email account, a website, or a social media account, can be managed according to what the individual wishes. This includes designating someone to access the account after death, making sure it is properly maintained, and even if it should be deleted. This law ensures that individuals can decide what will happen to their digital assets even after they pass away. In addition, UFADAA also applies to fiduciaries, which are people appointed by a court to manage the digital assets of a deceased person. This law ensures that all digital assets are treated in the same way as physical assets and that the wishes of the deceased are still upheld. Overall, UFADAA provides individuals in California with better control over their digital assets, by ensuring that an individual’s wishes are respected and that they can decide what happens to their digital assets if something happens to them. By doing this, UFADAA helps provide individuals peace of mind knowing that their digital assets will be taken care of properly.
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