EuroCham advocates for robust personal data protection as Vietnam shapes Data Protection Law

On 5-6 June 2024, EuroCham Vietnam joined a seminar organised by the Ministry of Public Security (MPS) to discuss personal data protection policies in Vietnam. The event convened governmental officials, including Lieutenant General Luong Tam Quang, Deputy Minister of MPS, and Major General Nguyen Minh Chinh, Director of the Department of Cybersecurity & High-Tech Crime Prevention, alongside international delegates.

Underscoring the importance of the issue, the Vietnamese government had previously issued the Personal Data Protection Decree (PDPD) on 17 April 2023, aiming to bring a unified approach to the protection of personal data. However, the decree remains vague regarding sanctions for violations, highlighting the pressing need for clearer guidelines and enforcement mechanisms – a need EuroCham is keen to address as Vietnam shapes its legal framework governing personal data protection.

Representing EuroCham at the seminar were Vice-Chair Minh Nguyen and Co-Chair of EuroCham’s Digital Sector Committee  Bruno Sivanandan. While commending the government’s efforts to develop a legal framework for personal data protection, Sivanandan emphasised three critical areas requiring careful consideration:

• Cross-border data transfers: A central theme of the Digital SC’s advocacy is the need for Vietnam to implement practical and coherent mechanisms for cross-border data transfers. Mr. Sivanandan suggested Vietnam could draw inspiration from the EU’s General Data Protection Regulation (GDPR), particularly the use of Standard Contractual Clauses (SCCs). These clauses, vetted by European authorities, provide a compliant and cost-effective way for businesses to manage data transfers across borders. Mr. Sivanandan proposed a similar approach for Vietnam, where the Ministry of Public Security could issue compliant document templates for businesses to use with confidence.
• Codes of conduct: He also advocated for a GDPR-aligned code of conduct, outlining robust data protection requirements that would qualify Vietnamese companies for smoother data sharing with European counterparts. 
• Personal Data Protection Portal development: EuroCham suggested additions like FAQs, standardised documents for impact assessments, and sector-specific guidelines.

As technological advancements accelerate, EuroCham stressed the importance of an adaptable regulatory approach. The Digital Sector Committee will maintain proactive engagement with the MPS, contribute to shaping future regulations, and develop an action plan to enhance regulatory clarity and enforcement. EuroCham is committed to informing members and stakeholders about the decree, anticipated changes, and their implications for businesses in Vietnam. Stay tuned for further updates as we continue to advocate for a robust and effective data protection framework.