{"data":{"id":"us-sd/sdcl-58-1-30","jurisdiction":"us-sd","citation":"SDCL § 58-1-30","heading":"Conditions for transmission of electronic documents.","body":"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to §§ 58-1-27 to 58-1-39, inclusive, if:\n(1) The party affirmatively consents to the electronic delivery and has not withdrawn the consent;\n(2) The insurer provides the party with a clear and conspicuous statement, prior to obtaining the party's consent, informing the party of:\n(a) Any right or option of the party to have the notice or document provided or made available in paper or another nonelectronic form;\n(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delivered by electronic means and any fees, conditions, or consequences that may be imposed in the event consent is withdrawn;\n(c) Whether the party's consent applies:\n(i) Only to the particular transaction as to which the notice or document must be given; or\n(ii) To an identified category of notices or documents that may be delivered by electronic means during the course of the parties' relationship;\n(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\n(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;\n(3) The insurer ensures that the party:\n(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\n(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\n(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:\n(a) The revised hardware and software requirements for access to and retention of a notice or document delivered by electronic means; and\n(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.","path":["TITLE 58. INSURANCE","CHAPTER 58-1. DEFINITIONS AND GENERAL PROVISIONS"],"source_url":"https://sdlegislature.gov/Statutes/58-1-30","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"d7e7c09c8bf698135857938d87333f2f747b4bf16c900dcd95651095b7546fc3","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-58-1-29","next":"us-sd/sdcl-58-1-30.1"},"notice":"GroundRules: Original legal text. Not legal advice."}