On 17 April 2026, the Cyberspace Administration of China, together with nine other central government departments, namely the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Transport, the Ministry of Commerce, the People’s Bank of China, the General Administration of Customs, the State Taxation Administration, the State Administration for Market Regulation, and the National Administration of Financial Regulation, jointly promulgated the Provisions on Promoting and Regulating the Application of Electronic Documents. The Provisions will take effect on 1 September 2026.

The Provisions are closely linked to, and function as an implementing rule of, the newly revised Maritime Code of the People’s Republic of China, which entered into force on 1 May 2026. Together, the two instruments provide a legal framework governing the creation, transfer, and use of electronic transport and trade documents, including electronic bills of lading.

This client alert outlines the key provisions of the Provisions and the related provisions in the Maritime Code, and discusses the implications of the Provisions.

The Maritime Code’s recognition of electronic transport records

The Provisions must be understood in the context of the broader legislative push toward digital shipping in China. The recently amended Maritime Code introduced a new section on electronic transport records in Chapter IV (Part V), confirming their legal status and establishing statutory requirements for their use, including that electronic records must be complete and accurate, readily retrievable for inspection, capable of identifying the issuer, and verifiable as to the holder’s identity.

The Maritime Code further mandates that rules governing the transfer and exclusive control of negotiable electronic transport records, the manner of conversion between record formats, and the criteria for the determination of reliable methods or reliable transaction systems, will be separately developed by the national cyberspace administration in conjunction with the transport department of the State Council.

The Provisions are a direct product of this statutory requirement.

Key provisions of the Provisions

1. Scope of electronic documents 

Under the Provisions, an electronic document refers to a document in the form of a data message that is capable of evidencing the existence of a legal relationship between the parties, such as carriage of goods, warehousing of goods, or cargo insurance. The scope of application thus covers electronic bills of lading, electronic sea waybills, electronic railway consignment notes, electronic air waybills, electronic road consignment notes, and electronic multimodal transport documents, as well as electronic warehouse receipts, electronic cargo insurance policies, and the like. Electronic documents include negotiable electronic documents and non-negotiable electronic documents (Article 25).

2. Reliability criteria for electronic document system

The Provisions set out the baseline functions that must be achieved by a reliable electronic document system (Article 14): (i) ensuring that electronic document information is fully traceable and tamper-proof throughout its lifecycle; (ii) enabling the identification of the issuer of the electronic document; and (iii) where the system supports mutual conversion between electronic documents and paper documents, ensuring the consistency of information before and after conversion, and recording the relevant conversion information in the document.

Further, a reliable electronic document system for negotiable electronic documents must also satisfy the following requirements (Article 14): (i) enabling the identification of the electronic document and ensuring its uniqueness; (ii) ensuring that the electronic document remains under exclusive control from the time of its creation until it ceases to have effect, and enabling the identification of the person exercising such control; and (iii) ensuring that, upon transfer of the electronic document, control is transferred accordingly.

Article 15 sets out the factors for evaluating the reliability of an electronic document system, including: the operational rules applicable to the system; the system’s safeguards for the integrity of stored data; the system’s requirements for the reliability of electronic signatures; the system’s ability to prevent unauthorised access or use; the security of the hardware and software employed; the stability of system operations; the system’s disaster recovery capability; whether the system undergoes regular independent audits, and the frequency and scope thereof; certifications or attestations of the system’s reliability issued by relevant bodies; applicable technical standards; and other relevant factors.

Of note, the Maritime Code mandates that where the port of loading or port of discharge under an international contract of carriage of goods by sea is within China, Chapter IV of the Maritime Code will apply. This means that electronic bill of lading platforms used in trades touching Chinese ports will need to be assessed against Articles 14 and 15 of the Provisions. Parties structuring electronic bill of lading transactions involving Chinese ports should assess whether the electronic document systems they use satisfy the reliability criteria set out in Articles 14 and 15 of the Provisions.

3. Network security and data protection obligations 

The Provisions require electronic document system operators to comply with the Cybersecurity Law and other applicable laws and regulations, adopt technology and equipment meeting national security standards, and implement the multi-level cybersecurity protection system (Article 19).

All parties handling electronic document data, including operators, service providers, and users, must comply with the Cybersecurity Law, the Data Security Law, the Personal Information Protection Law, and other relevant laws and regulations (Article 20), fulfilling their data security protection responsibilities, establishing and maintaining comprehensive data lifecycle security management systems, strengthening the protection of electronic document data that has been included in the national catalogue of important data in accordance with the requirements of the data classification and grading protection system, safeguarding the data security of electronic document systems and electronic documents, and protecting the personal information rights and interests of electronic document system users and other relevant parties.

4. Cross-border data transfer exemption

Of particular significance for international trade is a targeted exemption from China’s data export compliance requirements (Article 21). Data related to electronic documents that is collected and generated in the course of international trade and cross-border transportation may be provided to parties outside China’s borders without the need to undergo a data export security assessment, enter into a standard contract for cross-border transfer of personal information, or obtain personal information protection certification, provided that either one of the following conditions is met: (i) the data does not contain personal information or important data; or (ii) the personal information involved is limited to what is strictly necessary for the issuance, transfer, or pledge of electronic documents, or the exercise of rights under such documents.

This exemption substantially reduces the compliance burden associated with the cross-border circulation of electronic bills of lading and other electronic trade documents, and is likely to be welcomed by the shipping and international trade communities.

Summary

The Maritime Code and the Provisions together establish a two-tier legal architecture for electronic trade documents in China. This coordinated framework positions China among the leading jurisdictions that have enacted dedicated legislation governing electronic trade documents, drawing on common international foundations such as the UNCITRAL Model Law on Electronic Transferable Records. Together, the Maritime Code and the Provisions are of significant importance in promoting trade digitalisation, safeguarding transaction security, and advancing financial innovation.

For international arbitration and litigation practitioners, the Provisions provide a framework that courts and tribunals can refer to when assessing the authenticity, integrity, and reliability of electronic bills of lading. Electronic documents issued through systems that have undergone reliability certification under the Provisions will be presumed authentic and reliable in judicial proceedings, shifting the evidentiary burden to the party challenging the document.

Client Alert 2026-115