Delaware Code Title 12 Sec. 5006 – Custodian immunity
(a) Except as otherwise provided in subsection (b) of this section:
(1) A custodian shall accept a valid written request that complies on its face with the requirements of § 5005 of this title;
(2) A custodian shall accept a valid written request that is originally written in English or is translated into English, under oath of the translator.
Terms Used In Delaware Code Title 12 Sec. 5006
- Account holder: means a decedent, a disabled person pursuant to Chapter 39 of this title, a principal of a durable personal power of attorney pursuant to Chapter 49A of this title, a settlor of a trust which was revocable until the time of the settlor's death or incapacity, or a trust, whether or not revocable, that invokes this chapter. See Delaware Code Title 12 Sec. 5002
- Court: means the Court of Chancery for the State. See Delaware Code Title 12 Sec. 5002
- Custodian: includes an electronic communication service, as the term is defined by the Electronic Communications Privacy Act, 18 U. See Delaware Code Title 12 Sec. 5002
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Digital account: means an electronic system for creating, generating, sending, sharing, communicating, receiving, storing, displaying, or processing information which provides access to a digital asset which currently exist or may exist as technology develops or such comparable items as technology develops, stored on any type of digital device, regardless of the ownership of the digital device upon which the digital asset is stored, including but not in any way limited to, email accounts, social network accounts, social media accounts, file sharing accounts, health insurance accounts, health-care accounts, financial management accounts, domain registration accounts, domain name service accounts, web hosting accounts, tax preparation service accounts, online store accounts and affiliate programs thereto, and other online accounts which currently exist or may exist as technology develops or such comparable items as technology develops. See Delaware Code Title 12 Sec. 5002
- Digital asset: means data, text, emails, documents, audio, video, images, sounds, social media content, social networking content, codes, health care records, health insurance records, computer source codes, computer programs, software, software licenses, databases, or the like, including the usernames and passwords, created, generated, sent, communicated, shared, received, or stored by electronic means on a digital device. See Delaware Code Title 12 Sec. 5002
- End user license agreement: means an agreement between an account holder and a custodian establishing the rights and responsibilities of each. See Delaware Code Title 12 Sec. 5002
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: includes a personal representative appointed by the Register of Wills, a guardian appointed pursuant to Chapter 39 of this title, an agent under a durable personal power of attorney pursuant to Chapter 49A of this title, a trustee, or an adviser pursuant to § 3313 of this title. See Delaware Code Title 12 Sec. 5002
- Good faith: means honesty in fact. See Delaware Code Title 12 Sec. 5002
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 12 Sec. 39A-101
- Valid written request: means a request made by a fiduciary with authority over the digital assets or digital accounts of another person that complies on its face with the requirements of § 5005 of this title. See Delaware Code Title 12 Sec. 5002
(b) A custodian is not required to accept a valid written request if:
(1) The custodian is not otherwise required to engage in a transaction with the account holder in the same circumstances;
(2) Engaging in a transaction with the fiduciary or the account holder in the same circumstances would be inconsistent with applicable state or federal law, including copyright law, or regulations or any end user license agreement; or
(3) The custodian has actual knowledge that the fiduciary does not have the authority to perform the act requested.
(c) A custodian that in good faith accepts a valid written request without actual knowledge that it is void, invalid, or terminated, that the purported fiduciary’s authority is void, invalid, or terminated, or that the fiduciary is exceeding or improperly exercising the fiduciary’s authority may rely upon such valid written request as if it were genuine, valid and still in effect, the fiduciary’s authority were genuine, valid and still in effect, and the fiduciary had not exceeded and had properly exercised the authority.
(d) For purposes of this section, a custodian that conducts activities through employees is without actual knowledge of a fact relating to a valid written request, an account holder, or a fiduciary if the employee conducting the transaction involving the valid written request is without actual knowledge of the fact. Notification of revocation of a valid written request by an account holder or fiduciary to an officer of any custodian shall constitute actual notice to all employees.
(e) A custodian that refuses in violation of this section to accept a valid written request from a fiduciary that complies with § 5005(c) of this title is subject to:
(1) A court order compelling compliance with the valid written request; and
(2) Liability for damages, including reasonable attorneys’ fees and costs, incurred in any action or proceeding that confirms the validity or authority of a fiduciary to act, or compels acceptance of the fiduciary’s valid written request under § 5005(c) of this title.
(f) A custodian acting in good faith is immune from liability for an action done in compliance with this chapter.
(g) A custodian acting in good faith is immune from civil liability for the custodian’s accidental destruction of any digital asset or digital account subject to this chapter.