Maritime Legal Update – March 2026
Digitalisation, Cybersecurity and Shipbuilding
Contracts - Key Takeaways from SDC-12
(prepared
by Marek Czernis & Co. Law Office, based on the Lloyd’s Register SDC-12
Summary Report)
1. Introduction
At its 12th
session (SDC-12), the Ship Design and Construction Committee of the International
Maritime Organization (IMO) adopted a number of important conclusions
concerning digitalisation, integrated ship systems, cybersecurity and
autonomous technologies. These
conclusions set the direction for future regulatory developments and directly
affect the design, construction and contractual framework of newbuilding
projects.
The Ship
Design and Construction Committee (SDC) is one of the IMO’s key technical
committees. It is responsible for developing and updating international
technical regulations relating to the design, construction, equipment and
safety of ships, including: hull structure and shipboard systems, integration
of new technologies and digital solutions, requirements under the SOLAS
Convention and related codes, cybersecurity, automation and autonomous ship
technologies.
The
outcomes of the SDC’s work, including those adopted at SDC-12, form the
basis for further IMO regulatory initiatives and, in practice, directly
influence classification society rules, flag State requirements and the
contractual framework of shipbuilding contracts.
2. Key outcomes of SDC-12
2.1. Digitalisation and system integration
SDC-12
confirmed a clear and irreversible trend towards full integration of
information technology (IT) and operational technology (OT) on board
ships, covering navigation, DP systems, energy management, integrated machinery
control and remote monitoring.
From a
contractual perspective, this requires clear allocation of responsibility for
system design, integration and interoperability, including the treatment of
software as part of the vessel’s design responsibility.
2.2. Cybersecurity as a design requirement
A key
conclusion of SDC-12 is that cybersecurity is no longer merely an
operational issue, but has become an integral design and construction
requirement.
Cyber-resilience
must therefore be addressed at the Basic Design and Detailed Design stages,
verified during approval procedures and linked to harbour tests and final
acceptance.
2.3. Autonomous and decision-support systems
The SDC
continues its work on the regulatory framework for autonomous and
decision-support systems, raising important contractual questions regarding
liability, risk allocation and the treatment of software updates after
delivery.
3. Impact on shipbuilding contracts
From a
shipbuilding practice perspective, the conclusions of SDC-12 reinforce the
importance of: clearly defined Scope of Supply (hardware / software /
integration), extended warranties and guarantees covering digital
functionality and cyber-resilience, system and cyber testing as conditions for
acceptance, contractual mechanisms addressing regulatory changes, carefully
structured liability regimes.
4. Law Office experience – shipbuilding
practice
Marek
Czernis & Co. Law Office has over 30 years of experience advising
on shipbuilding contracts for shipyards, owners and investors in
Poland and internationally. The firm has advised on projects with an aggregate
value exceeding USD 10 billion, including offshore and specialised
vessels.
The
regulatory developments discussed at SDC-12 confirm a long-standing
recommendation of the firm: contractual risk allocation for new
technologies must be addressed at the design stage, not after delivery.
5. Conclusion
SDC-12
confirms that digitalisation and cybersecurity are now core elements of
maritime regulation and shipbuilding practice. For shipyards and owners alike,
this requires a careful review and adaptation of shipbuilding contracts to
reflect evolving technical and regulatory requirements.