Netherlands proposes legal framework for electronic bills of lading, industry experts respond  - Trade Treasury Payments

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Netherlands proposes legal framework for electronic bills of lading, industry experts respond 

The Dutch government has introduced a draft bill “Wet invoering van het elektronisch cognossement” to formally recognise electronic bills of lading (eBLs) as legally equivalent to their paper counterparts. In response, TTP consulted with industry stakeholders to assess the implications of the bill.

First reported by Global Trade Review on 22 May 2025, the legislation, submitted to the lower house of parliament on 12 May, is intended to clarify the legal status of eBLs.

If enacted, the Netherlands would become the fourth European country to legally recognise eBLs, following France, Germany, and the United Kingdom. The bill draws on principles set out in the UNCITRAL Model Law on Electronic Transferable Records (MLETR), which has served as a reference point for similar reforms in other jurisdictions.

Gerard Hartsink, former Chair of the ICC Digital Standards Initiative Industry Advisory Board, and senior advisor of the ICC Netherlands, said, “The submission of this bill has been long awaited by the business community involved in international trade, and its passage will remove a key barrier to international digital trade processes in The Netherlands.  For companies which rely on international trade, it is an important step forward.”

The draft law limits its scope to electronic bills of lading only and does not extend to other forms of transferable trade documents. A statutory review clause is included in the draft, requiring the government to reassess the legislation after three years. The review will examine the potential inclusion of other transport documents under the same legal framework.

Electronic bills of lading are used in shipping to transfer ownership and possession of cargo during transit. Legal recognition enables these documents to be issued, endorsed, and transferred digitally, reducing reliance on physical couriers and paper-based processes.

Despite much rhetoric around the anticipated efficiencies, adoption remains limited. According to a 2023 survey by the Digital Container Shipping Association (DCSA), cited by multiple industry sources, eBLs accounted for approximately 5% of all containerised bills of lading issued in the first half of the year. The DCSA noted that adoption has been most prevalent in Asia and identified slow uptake by financial institutions as a key challenge.

In a statement to TTP, Niels Nuyens, Chief Product Officer, DCSA, said, “DCSA welcomes this legislative change in the Netherlands. Our members remain committed to achieving 100% eBL by 2030, and whilst we see a significant move of industry stakeholders taking active steps towards digitalisation, we urge governments and regulators to support these important steps by providing an enabling legal and regulatory basis that will ensure a more sustainable, frictionless, and interoperable global trade.”

Earlier this month, trade ministers from the Asia-Pacific region issued a joint communique encouraging member countries to promote the cross-border use of electronic trade documents and align national laws with the MLETR framework.

A recent commentary by ICC Netherlands welcomed the proposed legislation as a necessary first step but stressed the need for more comprehensive reforms. “To truly seize the benefits of trade digitalisation, we must go beyond the electronic bill of lading,” it noted, urging the government to extend the legal recognition to a wider array of transferable documents and ensure interoperability with international digital trade systems. 

Laure Jacquier, Director-General of ICC Netherlands, said, “The recognition of the electronic Bill of Lading in Dutch law is an important and long-awaited milestone. But to fully unlock the benefits of digital trade, the Netherlands must move ahead with complete implementation of the MLETR. Without legal recognition of all electronic ‘documents of title’, Dutch businesses risk falling behind their international and European peers. While we welcome this recent step, ICC Netherlands strongly urges, and will continue to advocate for, the government to act now and complete the legislative work needed to future-proof Dutch trade law.”

Richard Wulff, Executive Director, ICISA, said, “Being a trading nation, the Netherlands, should follow this important step to codify the other 7 documents of title in the law as a matter of urgency. This would put them at par with surrounding countries and important trading nations such as Singapore.”

ICC Netherlands will also soon publish a whitepaper for the adoption of the additional 7 MLETR documents of title in Dutch legislation.

The Dutch bill is currently under parliamentary review. No timeline for a final vote has been announced.