AVC 2002 general terms and conditions
The Foundation Vervoeradres publishes the AVC 2002. These are widely used general terms and conditions on way transport of goods.
June 2017 / The IRU TransFollow system does fulfil the legal provisions of the CMR Convention ( and the Protocol) / Francisco Sánchez-Gamborino
Given that the CMR consignment note, which has traditionally been paper-based, represents a set of rights and duties –a legal status- for the companies involved in each journey, it is very important for the software used for these new services to be compliant from a legal standpoint with the CMR Convention, which remains the international regulatory framework for them.
Such an enquiry as this, which specifically refers to the IRU TransFollow system adopted and recommended by the IRU, is tackled in this article by the vice-president of the IRU Committee on Legal Affairs.
November 2016 / e-magazine
E-CMR AND THE ELECTRONIC CONSIGNMENT NOTE
This magazine contains some interesting articles on legal aspects related to the digital consignment note. You can download this magazine below the overview of its content.
The electronic consigment note as an electronic replacement for the paper document has become reality in the world of logisticsduring the last decade. In 2008 the Additional Protocol To The Convention On The Contract For The International Carriage Of Goods By Road (CMR) Concerning The Electronic Consignment Note, in short e-CMR Protocol, was undersigned by some of the parties to the CMR Treaty.
The text for an additional Protocol to the CMR Convention concerning electronic consignment notes was established in 2008. The basic principle was that the paper CMR consignment note can be replaced by an electronic consignment note which must then contain the same details, in such way that these details cannot be electronically altered. The Protocol only sets out a framework and does not get involved with how things are to be arranged from a software point of view.
The use of a consignment note is mandatory in the event of the transport of goods by road. Since 1994 the use of an electronic version of the consignment note in the Netherlands is permitted. Twenty years later, what is the situation with the electronic consignment note in road transport?
For application of the VAT zero rate for exports, or for intracommunity supplies it is required, inter alia, that the party who supplies the goods, can demonstrate that the goods have actually left the Netherlands. A commonly heard question is how that transport must be demonstrated to the Revenue Service. Is the electronic consignment note sufficient for this?
Courier services, package services and distribution transport often use the on-board computer or the driver’s mobile phone to create proof of receipt. The consignee signs on the screen that the driver presents to him, indicating to have received the shipment in good condition.
The advantages of this system for the carrier are easy to summarise: no more paper consignment notes and the digital proof of receipt can quickly be passed on to the carrier’s head office. The principal (the shipper) can follow the shipment on the carrier’s website using a login code and can review the proof of receipt, so that he knows that the goods have arrived at the consignee’s.
But what is the legal value of such a signature for receipt? Is it a safe method for all parties?
Providers of cloud services, like TransFollow, must comply with the Dutch Personal Data Protection Act and see to technical and legal continuity. What must you look out for if you make use of a cloud service?
The validity of electronic signatures and contracts is based on EU legislation. The former Directive 1999/93 EC was replaced in 2014 by Regulation 910/2014 EU which has direct effect. What does this mean for the electronic consignment note?
Transport companies possess personal data as service provider and as employer. In both roles they have to deal with privacy legislation. Firstly the company must know its position: processor of personal data or data controller. In this article obligations under the European General Data Protection Regulation are explained.
Big data arises because many users store data with a cloud service. The service provider can analyse this data in anonymised form, for example with an algorithm. What rules must a cloud service satisfy and is a cloud service liable for the continuity of its service?