Fiduciary Access to Digital Assets: A Review of the Uniform Law Conference of Canada\u27s Proposed Uniform Act and Comparable American Model Legislation

No jurisdiction in Canada has yet enacted comprehensive legislation regarding fiduciary access to the digital assets of an individual who has died, become incapacitated, or has appointed an attorney or other representative. In August, 2016, the Uniform Law Conference of Canada (ULCC) adopted a uniform Act on fiduciary access to digital assets (ULCC Uniform Act). This paper discusses why there may be a need for legislation, and then examines the most important elements of the ULCC Uniform Act. The Act, which tends to favour fiduciary access and media neutrality, is compared throughout the paper with the two American Acts prepared by the American Uniform Law Commission. The first American Act was adopted in 2014 and then withdrawn due to concerns voiced by internet service providers and civil liberty groups regarding privacy issues, and the other, a revised version, was subsequently adopted in 2015