On May 6, 2025, BIMCO announced the adoption of the Energy Efficiency Data Sharing Clause for Time Charter Parties 2025, according to the release.
This clause is designed to facilitate collaboration between shipowners and charterers in enhancing data sharing practices to improve energy efficiency.
The clause permits charterers to utilize existing onboard sensors and, with the owners' consent, to install additional sensors during the charter period.
These sensors are intended for collecting data related to performance monitoring, operational efficiency, and other energy efficiency objectives.
Installed sensors become part of the vessel's equipment and are thus considered the property of the owners, ensuring coverage under the owners' insurance policies.
Mattias Kjellberg, Chairperson of the subcommittee responsible for drafting the clause, stated, "In developing the BIMCO Energy Efficiency Data Sharing Clause for Time Charter Parties 2025, we aimed to create a tool that not only promotes sustainability but also fosters collaboration within the maritime industry. The clause offers a balanced approach to improving data sharing practices, harnessing the power of onboard sensors to monitor performance and drive operational efficiency."
The drafting subcommittee comprised experts from various sectors of the maritime industry, including shipowners, charterers, and Protection and Indemnity (P&I) Clubs. The group engaged with industry stakeholders during the drafting process to ensure the clause's comprehensiveness and effectiveness.
The clause specifies that any additional transmission costs associated with the use of sensors will be borne by the charterers. Charterers may also request owners to purchase or lease and install additional sensors on the vessel, subject to approval by the vessel's classification society and flag state, as well as compliance with applicable laws and regulations.
An annex accompanies the clause, detailing the types of onboard and additional sensors, including information on data sources, frequency, types, and destinations. Parties are advised to complete this annex carefully, as it outlines which sensors are covered by the clause and which are to be removed at the end of the charter period.
Regarding data usage, the clause establishes that, by default, data obtained under this clause cannot be used to support claims against owners, such as off-hire, performance disputes, or termination. However, parties may agree to opt out of this waiver based on their specific commercial relationships and needs.
The clause also includes provisions related to data confidentiality, cybersecurity, and legal compliance. Each party is required to ensure that data collection, sharing, and usage comply with all applicable laws and regulations. In the event of a cybersecurity incident, the affected party must promptly notify the other party, and both must take necessary steps to mitigate and prevent any effects of the incident.
The adoption of this clause represents a proactive step by BIMCO to promote energy efficiency and sustainability in the maritime industry through improved data sharing practices.
Established in 1905, BIMCO is one of the largest international shipping associations, representing shipowners, operators, managers, brokers, and agents. The organization develops standard contracts and clauses to promote fair business practices and support the maritime industry's regulatory compliance and operational efficiency.