Title 53, CONTRACTS

No record or signature may be denied legal effect or enforceability solely because it is in electronic form. Source: SL 2000, ch 225 , § 13.

No contract may be denied legal effect or enforceability solely because an electronic record was used in its formation. Source: SL 2000, ch 225 , § 14.

If a law requires a record to be in writing, an electronic record satisfies the law. Source: SL 2000, ch 225 , § 15.

If a law requires a signature, an electronic signature satisfies the law. Source: SL 2000, ch 225 , § 16.

If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electr…

If a law other than this chapter requires a record to be posted or displayed in a certain manner; to be sent, communicated, or transmitted by a specified method; or to contain information that is formatted in a certain manner; the following rules apply: (1) The record shall be po…

If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient. Source: SL 2000, ch 225 , § 19.

Except as otherwise provided in § 53-12-3 , this chapter applies to electronic records and electronic signatures relating to a transaction. Source: SL 2000, ch 225 , § 2.

No requirement of §§ 53-12-17 to 53-12-19 , inclusive, may be varied by agreement, but: (1) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under…

An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record…

The effect of an electronic record or electronic signature attributed to a person under § 53-12-21 is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided…

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other pa…

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other appli…

If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which: (1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic reco…

A requirement to retain a record in accordance with § 53-12-25 does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received. Source: SL 2000, ch 225 , § 26.

A person may satisfy § 53-12-25 by using the services of another person if the requirements of that subsection are satisfied. Source: SL 2000, ch 225 , § 27.

If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with § 53-12-25 . Source: SL 2000, ch 225 , …

If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with § 53-12-25 . Source: SL 2000, ch 225 , § 29.

This chapter does not apply to a transaction to the extent it is governed by: (1) The Uniform Probate Code or other law governing the creation and execution of wills, codicils, or testamentary trusts; (2) The Uniform Commercial Code other than §§ 57A-1-107 and 57A-1-206 , and cha…

A record retained as an electronic record in accordance with § 53-12-25 satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after July 1, 2000, specifically prohibits the use of an electronic record for the specifie…

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.

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 …

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 recor…

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 whi…

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.

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, the fo…

An electronic record is received under § 53-12-34 even if no individual is aware of its receipt. Source: SL 2000, ch 225 , § 37.

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.

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…

This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under § 53-12-3 to the extent it is governed by a law other than those specified in § 53-12-3 . Source: SL 2000, ch 225 , § 4.

For purposes of this chapter, the term, transferable record, means an electronic record that: (1) Would be a note under Article 3 of the Uniform Commercial Code or a document under Article 7 of the Uniform Commercial Code if the electronic record were in writing; and (2) The issu…

A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred. Source: SL 2000, ch 225 , § 41.

A system satisfies § 53-12-41 , and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that: (1) A single authoritative copy of the transferable record exists that is unique, identifiable, and,…

Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in subdivision 57A-1-201(20), of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, i…

Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code. Source: SL 2000, ch 225 , § 44.

If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable reco…

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.

To the extent that a governmental agency uses electronic records and electronic signatures under this chapter, the commissioner of the Bureau of Information and Technology shall promulgate rules pursuant to chapter 1-26 to specify for state agencies: (1) The manner and format in …

With respect to records under its control, and except as otherwise provided in § 53-12-30 , the Board of Regents shall determine whether, and the extent to which, the board and the institutions under the board's control shall send and accept electronic records and electronic sign…

Except as otherwise provided in § 53-12-30 , this chapter does not require a governmental agency to use or permit the use of electronic records or electronic signatures. Source: SL 2000, ch 225 , § 49.

A transaction subject to this chapter is also subject to other applicable substantive law. Source: SL 2000, ch 225 , § 5.

The commissioner of the Bureau of Information and Technology may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting wit…

If a user requests a copy of the user's personal data being held by a social media service with more than one hundred million active monthly users and whose primary focus is not charity or religion , the social media service must provide the personal data in a format that: (1) Is…

A social media company operating a social media service with more than one hundred million active monthly users and whose primary focus is not charity or religion shall implement a transparent, third-party-accessible interoperability interface subject to § 53-12-51 to allow the s…

To achieve interoperability under § 53-12-52 , a social media company operating a social media service with more than one hundred million active monthly users and whose primary focus is not charity or religion shall provide users with the ability to export their social graph to s…

A social media company operating a social media service with more than one hundred million active monthly users and whose primary focus is not charity or religion shall secure all personal data obtained through an interoperability interface and safeguard the privacy and security …