A Comparative Study on the Management of Digital Assets in Virtue of Fiduciary Relationship

Abstract

In this era of digital communication, people keep living online even after death. Digital information stored in a personal computer; information stored in cloud backups, online digital accounts and records of digital communications is recognized as digital assets in various countries. As the extent of digital assets is ever-evolving, a perfect balance between the concerning rights and privacy issues should be constructed without any gap. The paper ventures to examine the legal extent of digital assets with illustration and exceptions by comparing American and Canadian legislations. Some recent cases have been analyzed to find out the taxonomy of obstacles faced by the family members while getting access to deceased digital assets even after a court order in fast. The paper examined the existing user end policy of popular digital service providing companies with the intent to find out issues connected proteins with digital assets rights which are not recognized by the existing policies. Society can deny the significant values of digital assets and that's why fiduciaries should get access to virtual assets or accounts holding such assets of a deceased or person with disabilities. The paper has compared thefirnctionaliry of different American state legislations and the American federal and Canadian uniform legislation for the management of digital assets and record of digital communication in virtue of fiduciary relationship. Many states lack similar legislation and Bangladesh is also not an exception. Policymakers needed to be aware of such novus legal developments for safeguarding the rights and interest of the citizens. The paper concluded by providing recommendations for the policymakers.