Incoterms, electronic data interchange, and the Electronic Communications and Transactions Act
CITATION: Coetzee, J. 2003. Incoterms, electronic data interchange, and the Electronic Communications and Transactions Act. SA Mercantile Law Journal 15(1):1-15.
The original publication is available at https://journals.co.za/content/journal/jlc_samlj
Electronic commerce makes it possible for parties to trade electronically without using paper. Time means money. Electronic trading means that the process can be speeded up and that money can be saved. The past years have seen an explosion of interest in electronic data interchange (EDI) between national and international trade participants. In this article I shall investigate the impact of EDI on trade terms, and the use of transport documents associated with these terms. I shall mainly focus on how various international instruments deal with the legal issues relating to e-commerce and specifically transport documents. The Electronic Communications and Transactions Act 2 regulates the South African legal position relating to electronic transactions, and hence also paperless trading.