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Global entities find it difficult to adapt their privacy programs to Vietnam with its unconventional piecemeal approach to data protection.
The General Data Protection Regulation (Regulation (EU) 2016/679 ("GDPR"), which was adopted by the European Parliament in 2016 to replace regulations that dated from 1995, has resulted in a huge reconfiguration of data protection in the EU. In the process it has created a global standard for data protection and privacy. There has been a long effort from international businesses which operate in Vietnam to create or deploy a personal information protection program that complies with both the GDPR and with the data protection and privacy rules of Vietnam. Businesses have had difficulties in doing so:
Lack of a national framework for data protection and privacy
Vietnam does not have a national data protection law. The general requirements for data protection can be found in Law No. 86/2015/QH13 on Cyberinformation Security dated 19 November 2015 ("the Law on Cyberinformation Security") and Law No. 24/2018/QH14 on Cybersecurity dated 12 June 2018 ("the Cybersecurity Law"). However, confusion arises because uncoordinated rules on data protection are included in various sectoral laws, including employment, medical treatment, and many more.
The rules on data protection in the sectoral laws mostly conform with those in the Law on Cyberinformation Security. However, there are often additional requirements or conditions that are specific to that sector. Unless corrected, this will affect implementation of a uniform personal information protection program intended to encompass all se ..
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