COMPLIANCE WITH VIETNAMESE DATA PROTECTION REGULATIONS

LexNovum Lawyers

13/07/2023

Attention: Businesses operating in Vietnam

Dear valued Clients,

We are writing to inform you about the importance of adhering to Vietnamese data protection regulations in order to safeguard the personal information of your employees, vendors and customers. Data protection has become increasingly critical, and ensuring the proper handling and protection of personal data is of utmost importance.

With the purpose of the recently enacted Decree 13/2023/ND-CP on Personal Data Protection from July 1^st, 2023 (“Decree 13”) is to safeguard the rights and interests of individuals in relation to the processing of their personal data. Compliance with Vietnamese data protection regulations has become even more crucial.

To ensure compliance with Vietnamese data protection regulations, we recommend the following key considerations:

1. Lawful Processing: Ensure that you have a valid legal basis for collecting, using, and processing personal data, such as consent, contractual necessity, compliance with legal obligations, vital interests, or legitimate interests.
2. Consent and Notice: Obtain explicit and informed consent from individuals before collecting their personal data, and provide clear and transparent information regarding the purposes and scope of data processing, including type of personal data to be processed, data processer, data subject’s rights and obligations.
3. Data Subject Rights: Respect the rights of data subjects, including their right to access, correct, delete, object, and e.t.c. to the processing of their personal data.
4. Security Measures: Implement appropriate technical and organizational measures to protect personal data from unauthorized access, loss, disclosure, alteration, or destruction.
5. Cross-Border Data Transfers: Ensure that any cross-border transfer of personal data complies with the requirements set forth by the Ministry of Public Security, including  obtaining necessary approvals or implementing appropriate safeguards.

Non-compliance with Vietnamese data protection regulations may result in administrative sanctions, financial penalties, or even criminal liabilities, depending on the seriousness of the violation.

We strongly urge you to review your data processing practices and take the necessary steps to ensure compliance with this Decree 13. This may include conducting data protection impact assessments, updating internal policies and procedures, and providing staffs training on data protection matters.

Our team of experienced legal professionals, leading by Lawyer Nguyen Trung Hieu. LL.M., is available to provide comprehensive legal advice and assistance in navigating the complexities of data protection regulations in Vietnam. We offer tailored solutions to help establish and maintain compliance with the law, ensuring the protection of personal data and mitigating legal risks.

By prioritizing data protection and privacy, your business can enhance customer trust, strengthen your reputation, and demonstrate a commitment to responsible data handling practices.

Should you require further guidance or assistance in complying with Vietnamese data protection regulations, please do not hesitate to contact us via Email: hieu.nguyen@lexnovum.com.vn; or Phone: +84 28 3911 1551. We are dedicated to supporting you in meeting your legal obligations and safeguarding the personal data of your customers.

Best regards,