15 May 2025
The Dutch government has taken an important first step in the digitalisation of trade by submitting a bill to Parliament that formally recognises the legal validity of electronic bills of lading (eBLs).
The Dutch government has taken an important first step in the digitalisation of trade by submitting the draft law Invoering van het elektronisch cognossement to Parliament. If passed, the law will align the Netherlands with early adopters such as France, Germany, and the UK, who have already advanced legislative work on this topic. It draws inspiration from the UNCITRAL Model Law on Electronic Transferable Records (MLETR), but stops short of full implementation.
The proposal, submitted on 14 May 2025, amends Book 8 of the Dutch Civil Code to give eBLs legal equivalence with their paper counterparts in maritime shipping. A three-year review clause has been included to assess the possibility of extending the law to other types of electronic transport documents.
While this is a welcome development, ICC Netherlands and other stakeholders argue that the bill, though important, is too narrow in scope. A forthcoming white paper developed by ICC Netherlands calls for the full adoption of MLETR, not just for eBLs but for all forms of transferable electronic trade documents, including warehouse receipts, promissory notes, and bills of exchange.
The reason is simple: partial reform limits impact. As it stands, the bill’s narrow focus creates a fragmented legal framework that risks undermining the efficiency gains digitalisation promises. Without legal clarity for a broader range of trade documents, businesses and financial institutions may hesitate to embrace digital workflows.
Moreover, the Netherlands risks falling behind jurisdictions that have already implemented MLETR in full, including Bahrain, Singapore, the Abu Dhabi Global Market, as well as key trading partners like France, Germany, and the UK, who have each taken significant legislative steps toward full adoption. These jurisdictions are increasingly becoming attractive trade hubs for companies seeking a legally certain digital environment.
According to a 2023 DCSA survey, eBL adoption stood at just 5% globally—despite broad consensus on the benefits. Legal uncertainty remains a primary barrier, particularly among banks and insurers who rely on negotiable instruments in trade finance.
ICC Netherlands’ position is clear: if the Netherlands is serious about becoming a digital trade leader, it must move beyond this single-document approach. Full MLETR adoption would:
• Ensure legal clarity across the full lifecycle of trade finance instruments
• Enable interoperability with international platforms and legal regimes
• Promote efficiency and resilience in supply chains
• Reduce costs and carbon emissions by eliminating paper-based processes
We welcome the government’s initiative and recognise it as a foundational step. But foundational steps must lead somewhere. A broader, more ambitious legislative trajectory is not only desirable — it is necessary.
ICC Netherlands will continue to advocate for full MLETR implementation and invites companies, policymakers, and trade practitioners to join the conversation. The future of trade is digital — and the legal framework must keep up.