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(1)The party affirmatively consents to the electronic delivery and has not withdrawn the consent;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delivered by electronic means and any fees, conditions, or consequences that may be imposed in the event consent is withdrawn;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.
Structure South Dakota Codified Laws
Chapter 01 - Definitions And General Provisions
Section 58-1-1 - Citation of title.
Section 58-1-2 - Definition of terms.
Section 58-1-3 - Exemption from title of certain entities and transactions.
Section 58-1-3.1 - Application to business including medical, surgical, or hospital care benefits.
Section 58-1-3.2 - Direct response and mass marketing as insurance transaction.
Section 58-1-3.3 - Health care sharing ministries exempt from title.
Section 58-1-3.4 - Health benefit plan--Agricultural organization--Exemption.
Section 58-1-4 - Particular provisions prevail.
Section 58-1-5 - Compliance required.
Section 58-1-7 - Local licenses and taxes prohibited.
Section 58-1-10 - Existing licenses--Renewal, suspension, revocation or termination.
Section 58-1-11 - General saving clause.
Section 58-1-13 - Severability of provisions.
Section 58-1-14.1 - Notice of refusal to renew--Thirty-day delivery requirement--Exception.
Section 58-1-16.1 - Applicability of § 58-1-16.
Section 58-1-17 - Disclosure statement for issuance of charitable gift annuity.
Section 58-1-20 - Prescription drug information card to be issued upon enrollment--Reissuance.
Section 58-1-21 - "Health benefit plan" defined for purposes of §§58-1-19 to 58-1-23.
Section 58-1-22 - Applicability of §§58-1-19 to 58-1-23.
Section 58-1-23 - Director to enforce provisions--Promulgation of rules.
Section 58-1-24 - Definitions related to genetic testing.
Section 58-1-25 - Use of genetic tests in offer, sale, or renewal of insurance prohibited.
Section 58-1-26 - Retention of records.
Section 58-1-27 - Definitions regarding transmission of electronic documents.
Section 58-1-28 - Transmission and storage of electronic documents permitted.
Section 58-1-29 - Delivery by electronic transmission equivalent to other delivery methods.
Section 58-1-30 - Conditions for transmission of electronic documents.
Section 58-1-31 - Content and timing requirements unaffected.
Section 58-1-32 - Verification or acknowledgment of receipt.
Section 58-1-33 - Effect of failure to obtain electronic consent or confirmation.
Section 58-1-34 - Withdrawal of consent.
Section 58-1-35 - Documents delivered electronically before July 1, 2014.
Section 58-1-36 - Notice to parties consenting to electronic transmission before July 1, 2014.
Section 58-1-37 - Oral communications and recordings--Electronic signatures.
Section 58-1-39 - Products and documents to which §§58-1-27 to 58-1-39 apply.
Section 58-1-40 - English version of policy controls--Transactions in another language permitted.
Section 58-1-41 - Policies and advertising in language other than English permitted.
Section 58-1-43 - Policy statement that dispute resolved by English version.