(a) Except as otherwise provided by a governing instrument or court order, a fiduciary may exercise control over any and all rights in digital assets and digital accounts of an account holder, to the extent permitted under applicable state or federal law, including copyright law, or regulations or any end user license agreement.
(b) If a provision in an end user license agreement limits a fiduciary’s access to or control over a digital asset or digital account of an account holder, the provision is void as against the strong public policy of this State, unless the account holder has agreed to the provision by an affirmative act separate from the account holder’s assent to other provisions of the end user license agreement.
(c) A choice-of-law provision in an end user license agreement is unenforceable against a fiduciary action under this chapter to the extent the provision designates law that enforces or would enforce a limitation on a fiduciary’s access to or control over digital assets or digital accounts that is void under subsection (b) of this section.
79 Del. Laws, c. 416, § 1.
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