A coffee trading company is offered a bill of lading issued on an electronic platform by its shipowner. Its bank is prepared to accept it. The company’s question: under French law, is this document worth as much as a paper bill of lading if a dispute arises?
What the provision says
The Transport Code defines the bill of lading as the document issued to the shipper, which creates a presumption that the goods have been received as described in it, evidence to the contrary no longer being admissible against a third party in good faith (Article L. 5422-3 of the French Transport Code). Since Law no. 2024-537 of 13 June 2024, the same article allows the bill of lading to be issued, signed, transferred, amended, stored and delivered in electronic form, under the conditions laid down in Articles 15 and 16 of that law. The provision took effect no later than nine months after the law was promulgated, and does not apply to instruments issued before that date. Decree no. 2025-811 of 12 August 2025 then defined the reliable method required for the dematerialisation of transferable instruments.
The conditions set by the law are aimed at the reliability of the system: identification of the document, exclusive control by a single person at any given time, integrity of the data, traceability of transfers. This is the transposition into French law of the approach taken by the UNCITRAL Model Law on Electronic Transferable Records.
What does not change
The carriage regime does not change. Clauses noting the condition of the goods, the compensation cap, the one-year time limit and the jurisdiction clause remain those of the paper bill of lading. The electronic bill of lading transfers to the holder the same rights and the same clauses.
What to check
The platform. Does the system meet the requirements of the law? Platforms on the market often operate under a contractual rulebook binding all users. Their rules must be read: liability in the event of an outage, a cyberattack or a mistaken transfer.
The governing law. If the carriage links France with a State that does not recognise electronic instruments, the validity of the document will be disputed there. A consistent choice of law and jurisdiction clause becomes essential.
The documentary credit. UCP 600 was drafted for paper documents; its interaction with an electronic instrument depends on the ICC’s eUCP supplement and on the terms of the credit.
What the firm checks first
- The platform and its user rulebook.
- Compliance with the conditions of Articles 15 and 16 of Law no. 2024-537.
- The law and the court applicable to the contract of carriage.
- Acceptance by the bank and the terms of the credit.
- The procedures for switching back to paper if something goes wrong.
For the firm’s services, see Bills of lading.
Further reading
- Sea waybill or bill of lading: who can sue the carrier?
- Delivering cargo without the original bill of lading: the letter of indemnity and its risks
- Bill of lading: what the holder can claim, and against whom
This analysis is part of the firm’s work in maritime law.
Frequently asked questions
Does an electronic bill of lading have the same value as a paper one in France?
Yes, if it meets the conditions of Articles 15 and 16 of Law no. 2024-537, to which Article L. 5422-3 of the Transport Code refers.
Does the carrier’s liability regime change?
No, only the medium and the means of transfer change.
Are existing paper bills of lading affected?
No, the provision does not apply to instruments issued before it came into force.