Clifford Chance

Paperless International Trade: Achieving harmony between the law and technological potential

16 December 2021

The development of technologies over the past decade has made paperless trade increasingly attainable. Recently, the disruption caused to supply chains by the COVID-19 pandemic has highlighted the gulf that now exists in many jurisdictions between what is technically possible and what is legally permitted or recognised in relation to the transferable records that underpin international trade.

Transition to the use of electronic transferable records as an alternative to paper-based transactions could reduce the inefficiency, errors, cost and environmental impact arising from the use of paper-based instruments in international trade. With momentum building behind a transition to digital trade, we examine below the current legal framework relating to electronic transferable records in a number of jurisdictions, and the efforts towards reform that are being made in the international community.

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