Title 59

NRS 722.060 “Catalogue of electronic communications” defined. “Catalogue of electronic communications” means information that identifies each person with which a user has had an electronic communication, the time and date of the communication and the electronic address of the per…

NRS 722.070 “Content of an electronic communication” defined. “Content of an electronic communication” means information concerning the substance or meaning of the communication that: 1. Has been sent or received by a user; 2. Is in electronic storage by a custodian providing an …

NRS 722.080 “Court” defined. “Court” means a district court of this State. (Added to NRS by 2017, 154)

NRS 722.090 “Custodian” defined. “Custodian” means a person that carries, maintains, processes, receives or stores a digital asset of a user. (Added to NRS by 2017, 154)

NRS 722.100 “Designated recipient” defined. “Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user. (Added to NRS by 2017, 154)

NRS 722.110 “Digital asset” defined. “Digital asset” means an electronic record in which a natural person has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record. (Added to NRS by 2017, 155)

NRS 722.120 “Electronic” defined. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. (Added to NRS by 2017, 155)

NRS 722.130 “Electronic communication” defined. “Electronic communication” has the meaning set forth in 18 U.S.C. § 2510(12). (Added to NRS by 2017, 155)

NRS 722.140 “Electronic communication service” defined. “Electronic-communication service” means a custodian that provides to a user the ability to send or receive an electronic communication. (Added to NRS by 2017, 155)

NRS 722.150 “Fiduciary” defined. “Fiduciary” means an original, additional or successor personal representative, guardian, agent or trustee. (Added to NRS by 2017, 155)

NRS 722.160 “Guardian” defined. “Guardian” means a person appointed by a court to manage the estate of a living natural person. The term includes a special guardian as defined in NRS 159.026. (Added to NRS by 2017, 155)

NRS 722.170 “Information” defined. “Information” means data, text, images, videos, sounds, codes, computer programs, software, databases or the like. (Added to NRS by 2017, 155)

NRS 722.180 “Online tool” defined. “Online tool” means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital…

NRS 722.190 “Person” defined. “Person” means a natural person, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity. (Added to NRS by 2017, 155)

NRS 722.200 “Personal representative” defined. “Personal representative” means an executor, administrator, special administrator or person that performs substantially the same function under law of this State other than this chapter. (Added to NRS by 2017, 155)

NRS 722.210 “Power of attorney” defined. “Power of attorney” means a record that grants an agent authority to act in the place of a principal. (Added to NRS by 2017, 155)

NRS 722.220 “Principal” defined. “Principal” means a natural person who grants authority to an agent in a power of attorney. (Added to NRS by 2017, 155)

NRS 722.230 “Protected person” defined. “Protected person” means a natural person for whom a guardian has been appointed. The term includes a natural person for whom an application for the appointment of a guardian is pending. (Added to NRS by 2017, 155)

NRS 722.240 “Record” defined. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (Added to NRS by 2017, 155)

NRS 722.250 “Remote-computing service” defined. “Remote-computing service” means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system as defined in 18 U.S.C. § 2510(14). (Added to NRS by …

NRS 722.260 “Terms-of-service agreement” defined. “Terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian. (Added to NRS by 2017, 155)

NRS 722.270 “Trustee” defined. “Trustee” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee. (Added to NRS by 2017, 155)

NRS 722.280 “User” defined. “User” means a person that has an account with a custodian. (Added to NRS by 2017, 155)

NRS 722.290 “Will” defined. “Will” includes a codicil, testamentary instrument that only appoints an executor and instrument that revokes or revises a testamentary instrument. (Added to NRS by 2017, 155)

NRS 722.300 Applicability. 1. This chapter applies to: (a) A fiduciary acting under a will or power of attorney executed before, on or after October 1, 2017; (b) A personal representative acting for a decedent who died before, on or after October 1, 2017; (c) A guardianship proce…

NRS 722.310 User direction for disclosure of digital assets. 1. A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the onli…

NRS 722.320 Terms-of-service agreement. 1. This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. 2. This chapter does not give a fiduciary or designated recipient any new or expande…

NRS 722.330 Procedure for disclosing digital assets. 1. When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion: (a) Grant a fiduciary or designated recipient full access to the user’s account; (b) Grant a fiduciary or designated reci…

NRS 722.340 Disclosure of contents of electronic communications of deceased user. If a deceased user consented to or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of t…

NRS 722.350 Disclosure of other digital assets of deceased user. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communicat…

NRS 722.360 Disclosure of content of electronic communications of principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the…

NRS 722.370 Disclosure of other digital assets of principal. Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on beha…

NRS 722.380 Disclosure of digital assets held in trust when trustee is original user. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, inclu…

NRS 722.390 Disclosure of content of electronic communications held in trust when trustee is not original user. Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account t…

NRS 722.400 Disclosure of other digital assets held in trust when trustee is not original user. Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of …

NRS 722.410 Disclosure of digital assets to guardian of protected person. 1. After an opportunity for a hearing under chapter 159, 159A or 160 of NRS, the court may grant a guardian access to the digital assets of a protected person. 2. Unless otherwise ordered by the court or di…

NRS 722.420 Fiduciary duties and authority. 1. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (a) The duty of care; (b) The duty of loyalty; and (c) The duty of confidentiality. 2. A fiduciary’…

NRS 722.430 Custodian compliance and immunity. 1. Not later than 60 days after receipt of the information required under NRS 722.340 to 722.420, inclusive, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital asse…

NRS 722.440 Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added to NRS by 2017, 161)

NRS 722.450 Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede section 101(c) of that …