Are electronic consignment notes legally binding in transport and freight forwarding law?
March 19, 2022 | 40,00 EUR | answered by Leonie Maier
Dear Transport and Logistics Law Attorney,
My name is Tina Fuchs and I work as a freight forwarder in a medium-sized logistics company. Currently, there is a discussion in our company about whether we should start using electronic consignment notes in the future. However, there are concerns regarding the legal validity of such documents in transport and logistics law.
Currently, we are still using traditional paper consignment notes that must be signed by all parties involved. This process is time-consuming and carries the risk of transmission errors or document loss. Electronic consignment notes could potentially be a more efficient alternative, but we are unsure if they are legally as binding as the traditional paper versions.
My concern is that in case of disputes or damage claims, we could encounter problems if electronic consignment notes are not considered legally binding. Therefore, I am wondering if there are clear regulations or court rulings in transport and logistics law that define the validity of electronic consignment notes.
Could you please provide me with information on whether electronic consignment notes are legally binding in transport and logistics law? And what possible solutions would you recommend to ensure that we are legally protected when transitioning to digital documents?
Thank you in advance for your assistance.
Sincerely,
Tina Fuchs
Dear Mrs. Fuchs,
Thank you for your inquiry regarding the validity of electronic consignment notes in transport and forwarding law. It is understandable that you have concerns about whether the transition to digital documents is legally secure. I am happy to provide you with detailed information on this matter.
In principle, electronic consignment notes in transport and forwarding law are legally binding just like traditional paper consignment notes. The use of electronic consignment notes in the European Union is regulated by Regulation (EC) No. 1019/2010. This regulation stipulates that electronic consignment notes have the same probative value as paper consignment notes, provided they meet certain requirements.
These requirements include the uniqueness of the electronic signature, the security of transmission, and the integrity of the document. It is important that all parties can be clearly identified and that electronic consignment notes are tamper-proof. By complying with these requirements, electronic consignment notes can be considered legally binding.
To ensure that your electronic consignment notes meet the legal requirements, I recommend using a secure electronic signature and employing suitable encryption technologies. Clear processes and guidelines for the creation, transmission, and storage of electronic consignment notes should also be implemented.
It is also advisable to address potential disputes in advance and to include relevant provisions in your contracts. It may be useful to document in writing the consent of all parties to the use of electronic consignment notes, in order to have a clear legal basis in case of disputes.
Overall, the transition to electronic consignment notes in transport and forwarding law is legally feasible, as long as the statutory requirements are met. With careful planning and implementation, you can increase the efficiency of your processes and be legally protected at the same time.
I hope this information is helpful to you and I am available for any further questions.
Best regards,
Leonie Maier
Attorney specializing in transport and forwarding law
