Federal Laws -Federal laws prohibit the unauthorized access of computer systems ( i.e., hacking) and prohibit unauthorized access to certain types of protected data ( i.e., privacy laws).How Federal Laws and Terms-of-Service Agreements Protect Digital AssetsĬurrent federal laws, along with terms-of-service agreements (TOSA), protect access to digital assets - or limit that access by fiduciaries. Digital assets can include email accounts, social media accounts, domain names, online businesses run through eBay, gaming characters, digital currency such as Bitcoins, digital photographs, online banking, PayPal accounts, and other similar items. Generally, digital assets relate to data, information, and intellectual property that is transmitted or stored on electronic devices, such as smartphones or computers. This article explains Florida’s new law that governs access to digital assets by fiduciaries: guardians, agents under power of attorney, personal representatives, and trustees. It also affects a broad spectrum of attorney practice areas, such as business planning and dissolution, divorce, probate, taxation, and intellectual property.
The identification of digital assets and the planning necessitated by these types of assets affects many different aspects of clients’ lives. Do you use Facebook, LinkedIn, or Twitter? PayPal or Amazon? Do your clients bank online? Use Google or Yahoo? Have an iTunes account? Smartphone? These are examples of digital assets, and they likely have personal value, if not also some financial value, to you and your clients.īecause digital assets have financial and/or personal value to their owners, they need to be identified and protected, both to preserve value and privacy.
0 kommentar(er)
