Section 53-12-46 – Government agencies to determine extent to which electronic records will be created and retained.
53-12-46. Government agencies to determine extent to which electronic records will be created and retained. Each governmental agency shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records. Source: SL 2000, ch 225, §46.
Section 53-12-31 – Electronic form of record or signature not grounds for exclusion.
53-12-31. Electronic form of record or signature not grounds for exclusion. In a proceeding, no evidence of a record or signature may be excluded solely because it is in electronic form. Source: SL 2000, ch 225, §31.
Section 53-12-32 – Formation and terms of contract in automated transaction.
53-12-32. Formation and terms of contract in automated transaction. In an automated transaction, the following rules apply: (1)A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents’ actions or the resulting terms and agreements; (2)A contract may be formed […]
Section 53-12-33 – Time that electronic record is sent.
53-12-33. Time that electronic record is sent. Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (1)Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent […]
Section 53-12-34 – Time that electronic record is received.
53-12-34. Time that electronic record is received. Unless otherwise agreed between a sender and the recipient, an electronic record is received when: (1)It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able […]
Section 53-12-35 – Location of information processing system irrelevant.
53-12-35. Location of information processing system irrelevant. Section 53-12-34 applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under §53-12-36. Source: SL 2000, ch 225, §35.
Section 53-12-36 – Place that electronic record is sent from and received.
53-12-36. Place that electronic record is sent from and received. Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender’s place of business and to be received at the recipient’s place of business. For purposes of this section, […]
Section 53-12-37 – Individual need not be aware of receipt.
53-12-37. Individual need not be aware of receipt. An electronic record is received under §53-12-34 even if no individual is aware of its receipt. Source: SL 2000, ch 225, §37.
Section 53-12-38 – Effect of electronic acknowledgment.
53-12-38. Effect of electronic acknowledgment. Receipt of an electronic acknowledgment from an information processing system described in §53-12-34 establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received. Source: SL 2000, ch 225, §38.
Section 53-12-39 – Effect of actual knowledge that electronic record purportedly sent or received was not sent or received.
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. […]