53-12-1. Definition of terms.
Terms used in this chapter mean:
(1)"Agreement," the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules and procedures given the effect of agreements under laws otherwise applicable to a particular transaction;
(2)"Automated transaction," a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction;
(3)"Blockchain technology," technology that uses a distributed, shared, and replicated ledger, either public or private, with or without permission, or driven with or without tokenized crypto economics where the data on the ledger is protected with cryptography and is immutable and auditable;
(4)"Computer program," a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result;
(5)"Contract," the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law;
(6)"Electronic," any technology, including blockchain technology, using electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
(7)"Electronic agent," a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual;
(8)"Electronic record," a record created, generated, sent, communicated, received, or stored by electronic means. The term includes a record that is secured through blockchain technology;
(9)"Electronic signature," an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. The term includes a signature that is secured through blockchain technology;
(10)"Governmental agency," an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state;
(11)"Information," data, text, images, sounds, codes, computer programs, software, databases, or the like;
(12)"Information processing system," an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information;
(13)"Person," an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity;
(14)"Record," information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
(15)"Security procedure," a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures;
(16)"State," a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state;
(17)"Transaction," an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.
Source: SL 2000, ch 225, §1; SL 2019, ch 207, §1.
Structure South Dakota Codified Laws
Chapter 12 - Electronic Transactions
Section 53-12-1 - Definition of terms.
Section 53-12-2 - Transactions governed by chapter.
Section 53-12-3 - Transactions not governed by chapter.
Section 53-12-4 - Transactions excluded under § 53-12-3 that may be governed by chapter.
Section 53-12-5 - Transactions subject to chapter also subject to other applicable law.
Section 53-12-6 - Application of chapter.
Section 53-12-7 - Electronic record or signature not mandated.
Section 53-12-10 - Provisions of chapter may be varied by agreement except as otherwise provided.
Section 53-12-11 - Determination of legal consequences of electronic records or signatures.
Section 53-12-12 - Construction of chapter.
Section 53-12-13 - Electronic form of record or signature not grounds for denying its legal effect.
Section 53-12-14 - Electronic record used in contract formation not grounds for denying contract.
Section 53-12-15 - Electronic record satisfies requirement of a writing.
Section 53-12-16 - Electronic signature satisfies requirement of a signature.
Section 53-12-17 - Requirement of writing satisfied by sending of electronic record.
Section 53-12-18 - Requirement that record be posted, transmitted or formatted in certain manner.
Section 53-12-19 - Electronic record not enforceable against recipient in certain situations.
Section 53-12-21 - Attributing electronic signature or record to person.
Section 53-12-22 - Effect of electronic record or signature to be determined from context.
Section 53-12-23 - Effect of change or error in electronic record.
Section 53-12-24 - Notarization of electronic signature.
Section 53-12-25 - Satisfying requirement that record be retained.
Section 53-12-26 - Requirement that record be retained does not apply to certain information.
Section 53-12-27 - Services of another person for retention of records authorized.
Section 53-12-28 - Retention of record in its original form.
Section 53-12-29 - Retention of check.
Section 53-12-30 - Retention of record for evidentiary, audit, or like purposes.
Section 53-12-31 - Electronic form of record or signature not grounds for exclusion.
Section 53-12-32 - Formation and terms of contract in automated transaction.
Section 53-12-33 - Time that electronic record is sent.
Section 53-12-34 - Time that electronic record is received.
Section 53-12-35 - Location of information processing system irrelevant.
Section 53-12-36 - Place that electronic record is sent from and received.
Section 53-12-37 - Individual need not be aware of receipt.
Section 53-12-38 - Effect of electronic acknowledgment.
Section 53-12-40 - "Transferable record" defined.
Section 53-12-41 - Person having control of transferable record.
Section 53-12-45 - Proof of control of transferable record.
Section 53-12-49 - Use of electronic records or signatures by government agencies not mandated.
Section 53-12-50 - Commissioner authorized to promote consistency and interoperability.