S.D. Codified Laws § 58-1-30
This is the official text of S.D. Codified Laws § 58-1-30, part of South Dakota’s Codified Laws — part of the compiled statutory law of South Dakota, published by the state as "Codified Laws." Browse the sections below, each linked to its official government source.
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Conditions for transmission of electronic documents
Official statutory text
An insurer may only deliver a notice or document to a party by electronic means pursuant to §§ 58-1-27 to 58-1-39 , inclusive, if:
(1) The party affirmatively consents to the electronic delivery and has not withdrawn the consent;
(2) The insurer provides the party with a clear and conspicuous statement, prior to obtaining the party's consent, informing the party of:
(a) Any right or option of the party to have the notice or document provided or made available in paper or another nonelectronic form;
(b) The right of the party to withdraw consent to have a notice or document delivered by electronic means and any fees, conditions, or consequences that may be imposed in the event consent is withdrawn;
(c) Whether the party's consent applies:
(i) Only to the particular transaction as to which the notice or document must be given; or
(ii) To an identified category of notices or documents that may be delivered by electronic means during the course of the parties' relationship;
(d) The means by which a party may obtain a paper copy of a notice or document delivered by electronic means, after the party consents to electronic delivery; and
(e) The procedure a party must follow to withdraw consent to have a notice or document delivered by electronic means and to update information needed to contact the party electronically;
(3) The insurer ensures that the party:
(a) Is provided with a statement of the hardware and software requirements for access to and retention of a notice or document delivered by electronic means before the party consents to electronic delivery; and
(b) Consents electronically, or confirms consent electronically, in a manner that reasonably demonstrates the party can access information in the electronic form that will be used for notices or documents delivered by electronic means; and
(4) The insurer, in the event a change in the hardware or software requirements needed to access or retain a notice or document delivered by electronic means creates a material risk that the party will not be able to access or retain a subsequent notice or document, provides the consenting party with a statement of:
(a) The revised hardware and software requirements for access to and retention of a notice or document delivered by electronic means; and
(b) The right of the party to withdraw consent without the imposition of any fee, condition, or consequence that was not disclosed under subsection (2)(b) of this section.
Source: SL 2014, ch 230, § 4.
(1) The party affirmatively consents to the electronic delivery and has not withdrawn the consent;
(2) The insurer provides the party with a clear and conspicuous statement, prior to obtaining the party's consent, informing the party of:
(a) Any right or option of the party to have the notice or document provided or made available in paper or another nonelectronic form;
(b) The right of the party to withdraw consent to have a notice or document delivered by electronic means and any fees, conditions, or consequences that may be imposed in the event consent is withdrawn;
(c) Whether the party's consent applies:
(i) Only to the particular transaction as to which the notice or document must be given; or
(ii) To an identified category of notices or documents that may be delivered by electronic means during the course of the parties' relationship;
(d) The means by which a party may obtain a paper copy of a notice or document delivered by electronic means, after the party consents to electronic delivery; and
(e) The procedure a party must follow to withdraw consent to have a notice or document delivered by electronic means and to update information needed to contact the party electronically;
(3) The insurer ensures that the party:
(a) Is provided with a statement of the hardware and software requirements for access to and retention of a notice or document delivered by electronic means before the party consents to electronic delivery; and
(b) Consents electronically, or confirms consent electronically, in a manner that reasonably demonstrates the party can access information in the electronic form that will be used for notices or documents delivered by electronic means; and
(4) The insurer, in the event a change in the hardware or software requirements needed to access or retain a notice or document delivered by electronic means creates a material risk that the party will not be able to access or retain a subsequent notice or document, provides the consenting party with a statement of:
(a) The revised hardware and software requirements for access to and retention of a notice or document delivered by electronic means; and
(b) The right of the party to withdraw consent without the imposition of any fee, condition, or consequence that was not disclosed under subsection (2)(b) of this section.
Source: SL 2014, ch 230, § 4.
Status: in_force · Read it on the official government site
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