Data Law to facilitate cross-border data transfer, processing

Under the 46-article Law, the transfer of core and important data includes (i) transfer of data stored in Vietnam to data storage systems located outside Vietnam, (ii) transfer of data by Vietnamese agencies, organizations and individuals to Vietnam-based foreign entities, and (iii) processing of data by Vietnamese agencies, organizations and individuals using processing platforms outside the Vietnamese territory.

The data transfer and processing must ensure national defense, security, protection of national interests, public interests, lawful rights and interests of data subjects and data owners in accordance with Vietnam’s law and international treaties to which Vietnam is a contracting party.

Brought into law for the first time, data platform is defined as a platform providing data-related resources to serve the research and development of startup and innovation. Such a platform is expected to provide data-related products and services for the socio-economic development, thereby facilitating the trade and exchange of data and data-related products and services.

Public non-business units and state-owned enterprises that satisfy conditions for providing data platform services will be licensed for provision of such services.

The Law does not permit the trade in data harmful to national defense, security, foreign affairs and cryptography, data without the consent of data subjects, among others.

The Law also specifies basic contents of digital data; the formulation, development, protection, management, processing and use of digital data; the National Data Center, national integrated database; digital data products and services; digital data management; rights, obligations and responsibilities of agencies, organizations and individuals concerning digital data activities.

By: VLLF