South Dakota § 58-1-30.2 - Transmission of electronic documents--Requirements for effective consent.

§ 58-1-30.2. Transmission of electronic documents--Requirements for effective consent.

For consent to be effective under § 58-1-30.1, the sponsor or policyholder must:

(1)    Assign each covered employee for whom consent is being given an electronic mail address for employment-related purposes at which the employee may receive or access notifications regarding posted notices and documents delivered by electronic means or require each employee for whom consent is being given to provide the sponsor or policyholder with an electronic mail address or a smart device number at which the employee may receive or access notifications regarding posted notices and documents delivered by electronic means;

(2)    Require each covered person, or a covered employee on behalf of a covered person, to provide the sponsor or policyholder with an electronic mail address or a smart device number at which the person may receive or access notifications regarding notices and documents delivered by electronic means;

(3)    Provide a notification in paper form, containing the elements described in § 58-1-30.3, to each covered employee and covered person for whom consent is being given prior to delivery by electronic means of notices and documents; and

(4)    Provide notice, in the manner described in § 58-1-30.4, to each impacted covered employee and covered person, at the electronic mail address or smart device number designated pursuant to subdivision (2), prior to each time a notice or document is posted on an internet site.

Source: SL 2023, ch 162, § 3.