Title 53, CONTRACTS

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 …

Sections 53-12-51 to 53-12-54 , inclusive, do not apply to an entity that is owned, controlled, operated, or maintained by a religious organization and is exempt from property taxation under state law. Source: SL 2026, ch 197 , § 7, eff. Jul. 1, 2027. Effective July 1, 2027

Nothing in §§ 53-12-51 to 53-12-55 , inclusive, requires a social media service to import any data or treat imported data differently from any other use-generated content on the service. Source: SL 2026, ch 197 , § 8, eff. Jul. 1, 2027.

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 1, 2000. Source: SL 2000, ch 225 , § 6.

This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. Source: SL 2000, ch 225 , § 7.

This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parti…

A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this section may not be waived by agreement. Source: SL 2000, ch 225 , § 9.