Legal Problems Relating to Access to Digital Assets and Its Developments

Abstract

In the past, asset management focuses on tangible properties like money, movable and immovable properties. Today scope of assets has changed. It expanded to cover all things digital and electronics. This brought us a new context of asset management; access to digital assets was controversial. Especially where a third party requires a right to access a digital account of the deceased or the debtor in question, but it is prohibited. This is normal because most countries today have a law prohibit unauthorized access to computer data and systems. And service providers must abide by it. This brought us a new legal development like RUFADAA which was controversial. Having been revised, it is generally accepted to provides access to digital assets for fiduciaries to have a right to access in order for asset management and electronic communications as much as possible in the same way with financial and bank accounts, and for custodians to have a right to deal with the fiduciaries and at the same time to maintain reasonable expectation of privacy of the users.