South Dakota § 58-1-30 - Conditions for transmission of electronic documents.

§ 58-1-30. Conditions for transmission of electronic documents.

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(1)    The party affirmatively consents to the electronic delivery and has not withdrawn the consent;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delivered by electronic means and any fees, conditions, or consequences that may be imposed in the event consent is withdrawn;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.