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The United Kingdom’s Electronic Trade Documents Act 2023 (the Act) is a prospective law that makes provision about and regulates electronic trade documents. The Act defines “paper trade document” and “electronic trade document,” specifying the requirements for electronic documents to be considered as such. It allows for the conversion of paper trade documents into electronic trade documents and vice versa, subject to compliance with specified requirements. The Act also includes exceptions, regulations for implementation, and consequential provisions. Among the documents the Act seeks to apply to are bills of lading (in addition to other related shipping documents) and the Act seeks to pave the way for a transition from the use of paper bills of lading (in addition to other related shipping documents) to electronic ones.

Given the risk of hacking and other related cybercrimes, the Act requires a “reliable system” to be in place to ensure the security of the e-bill. This places greater onus on shipping companies to review and consistently test their technology systems to ensure they can handle the risen threat of cyber-attacks.
E-bill platforms/systems have existed for some time but what constitutes a “reliable system” according to the Act will be clarified by the courts as and when disputes arise about the reliability of any such systems and possibly, by subsidiary legislation.

The Act applies to England and Wales, Scotland, and Northern Ireland (i.e., the United Kingdom), with certain sections extending exclusively to Scotland. It came into force on 20th September 2023. Apart from the United Kingdom, the Act may be of interest to those countries, like Kenya, that still apply United Kingdom law in the resolution of maritime disputes.