POTENTIAL CONFLICTS IN PERSONAL DATA PROTECTION UNDER CURRENT LEGISLATION IN VIETNAM COMPARED WITH EUROPEAN GENERAL DATA PROTECTION REGULATION

Background: Transatlantic data transfers are a critical component of the global digital

economy, facilitating commerce and communication among countries worldwide. However,

these transfers have been fraught with legal and regulatory challenges, particularly concerning

protecting personal data due to the lack of a comprehensive global privacy law.

Methods:
This comparative, descriptive study exploits secondary resources by comparing and

contrasting the principles of the European General Data Protection Regulation and the new

Decree on personal data protection in Vietnam to provide deep insights into the differences

between them.

Results and Conclusions:
Although the Decree takes advantage of many of the European

General Data Protection Regulation's principles, i.e., the rights of data subjects, consent

requirements, and the need for impact assessments, it has its provisions specific to the

Vietnamese context, such as the absence of "legitimate interests" as a legal basis for processing

and the unique enforcement mechanisms. Despite many similarities, the specific requirements

around consent, data subject rights, breach notification, extraterritorial data transfers, and

enforcement mechanisms might result in conflicts among these legislative documents. The

Decree, which would become more effective, shall rely on its enforcement mechanisms and the

ability to impose meaningful sanctions for non-compliance; thus, it should incorporate a more

detailed sanctions regime to deter violations effectively.

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