International trade underpins the Dutch economy: in 2024, the combined value of Dutch imports and exports reached approximately EUR1.6 trillion, almost four times the country's GDP. With pressures rising from geopolitical shifts, trade fragmentation, and competition from neighbouring hubs, the Netherlands risks losing ground unless it modernises its legal foundations for digital commerce. That is the core message delivered by ICC Netherlands in a white paper submitted to the Dutch Parliament calling for the rapid adoption of the UNCITRAL Model Law on Electronic Transferable Records (MLETR).

At first glance, the adjustment may seem technical or legalistic. But the impact is deeply practical. Under current Dutch law, many of the critical trade documents, such as bills of lading and warehouse receipts, can only exist in paper form. That restriction creates delays, higher costs, and friction for business. The white paper argues that by recognising electronic transferable records, the Netherlands could drastically cut processing times from 6-10 days to fewer than 24 hours and remove up to 35 percent of administrative burden for SMEs.

Elsewhere in Europe, countries such as the UK, Germany, and France have already modernised their statutes to give effect to electronic trade documents. The Netherlands, by comparison, lags behind. The white paper points out that eight key trade-document categories remain non-electronic under Dutch private law, obstructing full digital trade operations.

ICC Netherlands, in partnership with banks, ports, logistics firms, and trade groups, has laid out a clear action plan. Their recommendations include: legislative approval for an electronic bill of lading, extending electronic recognition to the remaining trade documents, and updating private law more broadly to become fully MLETR-compliant. To help smooth the transition, the white paper also offers expert support to government ministries in drafting the required legal changes.

The stakes are significant. The white paper notes a landmark instance in which a Dutch bank issued a multi-billion-dollar loan using an electronic bill of lading as collateral. That transaction, however, operated under English law because existing Dutch law did not permit the same approach domestically. Had the Netherlands already embraced MLETR, that deal could have proceeded under local jurisdiction.

Moreover, a test project between the ports of Rotterdam and Singapore demonstrated how dramatically faster document processing can become: converting 6-10 days of paperwork into under 24 hours through electronic bills of lading. The Netherlands is unable to institutionalise this gain without the legal backing to recognise electronic documents.

ICC Netherlands emphasises that this advocacy is not abstract. It is calibrated to support Dutch competitiveness, reduce unnecessary business costs, and pave the way for seamless trade in a digital age. The white paper frames its engagement as a public-private collaboration, with ICC serving as a bridge between business interests and legal reform.

It is recognised that, in order to sustain its role as a European trade hub, the Netherlands must align its legal infrastructure with the digital realities of 21st-century commerce. Adoption of MLETR is not just a legal upgrade, it is an economic imperative for speed, efficiency, and future readiness.

https://www.iccwbo.nl/news/icc-netherlands-calls-on-dutch-parliament-to-accelerate-adoption-of-mletr

This article represents the views of the author and not necessarily those of the ICC.

Dave Meynell