Legal analysis:

The operation of online signing is generally divided into three links: contract generation, contract signing and contract follow-up services.

(1) Contract generation

This step is relatively simple. You can choose to upload the company's own contract, use the electronic contract template of the electronic signature service provider, or create the contract online. The generated contract is uploaded to the Internet, and the contract can be sent to the other party for negotiation and improvement. After both parties negotiate and determine the terms, the contract can be signed online.

(2) Contract signing

This is the most critical step. The electronic signature service provider will give the party an electronic signature based on the identity authentication materials of the contract party. Electronic signatures include digital certificates (CA), timestamps, and other information. Its structure is shown in the figure below.

The electronic signature acquisition process is divided into three steps:

In the first step, the contract parties provide a bank card that has undergone real-name authentication and is bound to the personal account of the consumer lending platform website. This is a very common operation method at present, and the principle is about the unique identity of platform users. Since the user's identity has been verified once by the bank counter when applying for a bank card, the identity of the platform user is presumed to be unique.

The second step is to turn on the camera equipment connected to the network and record the ID card information of the parties to the contract using video recording;

The third step is to send the above real-name authentication materials to Electronic signature service provider backend for filing. After the filing is completed, the electronic signature service provider will issue a digital certificate to both parties to the contract. After both parties use the digital certificate to confirm the contract, the electronic signature service provider licensed by the timing center will stamp a timestamp on the contract to ensure that it will be signed at a specific time. The contract data will not be tampered with after clicking.

(3) Contract follow-up services

Legal basis:

Article 469 of the "People's Republic of China and Civil Code" The parties enter into a contract , which may be in written, oral or other forms. Written forms are contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the content contained therein. Data messages that can tangibly express the content through electronic data exchange, email, etc., and can be retrieved at any time, are deemed to be in written form.

Derivative issues:

What risks and precautions should you pay attention to when signing a contract?

What risks and precautions should you pay attention to when signing a contract:

(1) The counterparty to the contract is a natural person: verify, copy, and save his/her identity document (do not replace it with a business card) to confirm his true identity and capacity.

(2) The counterparty to the contract is a legal person: Go to the local industrial and commercial department to check its industrial and commercial registration information and conduct an on-site inspection of its company to determine its authenticity; verify whether the contracting party is authorized by the company where it works, and check its Letter of authorization, letter of introduction, and contract; when signing a contract, the official seal of the other party and the special seal for the contract must be stamped.

(3) The counterparty to the contract is "other organization": the other party is an individual partnership or a sole proprietorship. Check whether the registration information on the business license is consistent with its introduction; it must be signed and stamped by the partners and sole proprietorship managers. Official seal. Legal Person Preparatory Office: Confirm the identity of the person in charge and the identity of the shareholders, and stamp the official seals of the Legal Person Preparatory Office and shareholders.

(4) In addition to the official seal and private seal, the other party to the contract must also sign.