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How does the Interim Measures for the Administration of Online Loans of Commercial Banks (Draft for Comment) refer to electronic contracts?
According to the news of CBRC in official website on May 9, in order to standardize the operation of Internet loans of commercial banks and promote the stable and healthy development of Internet loans, CBRC drafted the Interim Measures for the Administration of Internet Loans of Commercial Banks (Draft for Comment) (hereinafter referred to as the Measures). The Measures refer to "signing contracts in the form of data messages", electronic signatures and related data security in many places.

Article 23 Commercial banks should sign loan contracts and other documents with borrowers and other parties in the form of data messages. The loan contract and other documents shall comply with the provisions of People's Republic of China (PRC) Contract Law, People's Republic of China (PRC) Electronic Signature Law and other laws and regulations.

Article 35 A commercial bank with risk data custody shall establish strategies and standards for the safety management of risk data and take effective technical measures to ensure the safety of borrowers' risk data in the process of collection, transmission, storage, processing and destruction, and prevent the risk of data leakage, loss or tampering.

Article 47 Data Security Commercial banks should take effective technical measures to ensure the data security of borrowers, ensure the confidentiality, integrity, authenticity and non-repudiation of data between commercial banks and borrowers and cooperative institutions in data transmission, contract signing and transaction records, and make regular data backups.

The Measures consists of seven chapters and seventy articles, which are general principles, risk management system, risk data and risk model management, information technology risk management, loan cooperation management, supervision management and supplementary provisions. The formulation of the "Measures" is an important measure to improve the supervision system of online loans of commercial banks in China, which is conducive to making up for system defects, preventing financial risks and improving the quality and efficiency of financial services. In the next step, the CBRC will further revise and improve the Measures according to the feedback from all sectors of society, and promulgate and implement them in due course.