What does this new Act mean for vessels trading to and from the Netherlands?
Effective 1 July 2026, electronic bills of lading will be treated as equivalent to traditional paper bills of lading with the passing of the “Dutch Electronic Bill of Lading Act”. For vessels operating to and from Dutch ports, this means that there will be no distinction between how cargo is received or shipped, or how liabilities are treated in the event of claims.
impact of this new act
We summarize the impact of the act as follows:
- It reaffirms the basic principles of a bill of lading as a receipt for the cargo, evidence of the contract of carriage and a document of title. Until now, Dutch law was designed around the physical document. The new act amends book 8 of the Dutch Civil Code, introducing a statutory framework for electronic bills of lading in which paper and electronic bills of lading have the same legal effect.
- It does not prescribe what technology must be used, but it does provide that an electronic bill of lading must contain the same information as a paper bill and that the chosen platform or method must be reliable, with the identity of the holder capable of being verified.
- In order for an electronic bill of lading to be issued, both the contractual carrier and the shipper must agree in advance to its use. In practice, this will be a matter for negotiation as part of the charterparty, booking terms and banking requirements.
- There is a possibility of replacing a paper bill of lading with an electronic bill of lading, and vice versa. It is important to note that once a paper bill of lading has been validly replaced by an electronic bill of lading, the paper document loses its effect. This is essential to prevent competing claims to the same cargo.
- There is no change to the carrier’s basic statutory responsibilities. Claims for cargo loss or damage, misdelivery or documentary errors may still arise. What does change is the evidentiary position, given that claims may need to be brought and defended on the basis of digital audit trails, timestamps, transfer records and platform logs.
recommendations
We recommend that any shipowner, cargo interest or charterer who wishes to shift to the use of electronic bills of lading in the Netherlands implement the following steps:
- Review contractual arrangements: ensure that contracts make clear and express provision for the use of electronic bills of lading and who is authorised to give instructions, to comply with the requirements of the law.
- Verify the platform and procedure: use only systems that provide sufficient safeguards for authenticity, integrity, exclusive control and identification of the holder. We note that the International Group of P&I Clubs has a list of approved providers which include similar safeguards.
- Coordinate with banks and trading parties: where documentary credits or financing are involved, banks may impose additional requirements for the use of e-bills.
- Always provide clear instructions to masters and agents: make sure that the use and implementation of an electronic bill is made clear to the crew and to the agents in the respective ports.
- Inform the P&I Club: if there is any doubt about delivery, platform use, conversion from paper to digital or unusual instructions, this should be checked with the relevant P&I underwriters beforehand.
conclusion
In summary, the Dutch Electronic Bill of Lading Act is a welcome modernization of Dutch maritime law. It gives the market a legal basis for using electronic bills of lading with the same legal consequences as paper bills. This should result in faster document circulation, fewer administrative delays and a more efficient logistics chain.
At the same time, it does not change the importance of correct delivery. Rather, the evidentiary burden shifts from the physical delivery of a document to being able to demonstrate a reliable system for digital control of an electronic bill of lading.
See also this interesting article that was published on this website in October 2023:
https://nnpc-correspondents.nl/electronic-bills-of-lading/
For specific advice about the Act or assistance in any Dutch port, please feel free to contact us.