The globalization and acceleration of trade today has necessitated digital transformation. Digital transformation, in turn, has created needs such as software and programming, security and legal regulation, recognition and assurance. Electronic Bill of Lading (e-B/L) used in International Maritime Trade is also a part of this digital transformation.
A bill of lading is a bill of lading stating that the goods have been received by the carrier and that the person carrying the goods is obliged to deliver the goods with the presentation of the information of the carrier, the ship and the captain. In electronic bills of lading, the bill of lading used in maritime transportation is issued in digital environment instead of paper and is created using digital signature and encryption methods. The purpose of adopting this method is to speed up processes such as transportation and delivery and to reduce costs.
Legal regulations regarding electronic transportation documents vary according to the legislation of each country. Turkish Law has also adopted digital transformation and innovative practices, and with the legal recognition of innovations in the legislation, transactions in the private and public sector have been carried out electronically in practice. With the existence of the Electronic Signature Law, the Turkish Code of Obligations and the Turkish Commercial Code, electronic bills of lading can be issued in Turkey and are considered legally valid.
Although the transition to electronic bill of lading, like any other electronic system, provides certain advantages, certain problems may arise in practice.
A. Advantages;
- With the transition to electronic bill of lading; the bill of lading does not need to be physically transported and can reach the consignee within seconds. Thus, tracking of the shipment becomes easier and delays or errors in the document due to physical transportation are prevented. Thus, waiting times at the port are also reduced.
- This system enables more efficient, auditable and systematic management of trade.
- The electronic bill of lading is more reliable against theft or forgery than the paper bill of lading.
- Electronic preparation of the bill of lading is more environmentally friendly than paper bill of lading. There is no waste of paper and no carbon footprint as it is not physically transported.
- There are no costs such as storage, document loss and archiving.
- Blockchain and other secure platforms can prevent the creation of multiple bills of lading or unauthorized access to them.
B. Problems encountered in practice;
- One of the difficulties encountered is that not all countries have adopted the use of electronic bills of lading yet and have not adopted this system in their legal legislation. If the countries that do not adopt or recognize the electronic bill of lading application, it may be possible not to make transactions with this document.
- Transactions cannot be carried out in the digital environment if one of the parties does not switch to the electronic bill of lading application, which is an innovative application despite the regulation in their countries, and finds paper documents more reliable.
- In the event of a system crash or power outage, transactions may be disrupted.
- Cyber-attacks are another risk that every application that goes electronic may face. These attacks are not only specific to the electronic bill of lading. The use of Blockchain technology and other security programs for the effective and reliable use of the electronic bill of lading significantly reduces the risk.
Senior Associate Betül Önal Payze
