SDCL § 53-12-39: Effect of actual knowledge that electronic record purportedly sent or received was not sent or received.

If a person is aware that an electronic record purportedly sent under § 53-12-33, or purportedly received under § 53-12-34, was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this section may not be varied by agreement.