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All Consent Not Allowed: Vietnam’s Personal Data Protection Decree

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Hanoi - In a move to strengthen data protection laws, Vietnam’s Personal Data Protection Decree has been introduced, prohibiting all consent to personal data processing. The decree outlines specific rights and obligations for data subjects, controllers, and processors.

According to the decree, partial or conditional consent is allowed, but silence or lack of response from the data subject does not constitute valid consent. This precludes implied or deemed forms of consent. In cases where a missing or deceased person’s personal data needs to be processed, consent must be obtained from their legal representative.

Data Subject Rights

Data subjects have several rights under the decree, including:

  • The right to access their personal data
  • The right to correct inaccurate information
  • The right to delete their personal data
  • An absolute right to object to processing
  • Correction and deletion rights

Controller and Processor Obligations

Controllers and processors must:

  • Promptly fulfill data subjects’ requests to access their personal data, correct inaccurate information, or have their personal data corrected
  • Respond to requests to restrict or object to the processing of personal data within 72 hours

Key Provisions

  • Personal data shall be deleted irretrievably if it was processed for improper purposes or the consented purpose has been fulfilled.
  • Controllers and processors are not required to provide data subjects with comprehensive information about the processing of their personal data in a concise, transparent, intelligible, and easily accessible form.
  • Certain circumstances may exempt controllers and processors from providing data subjects with copies of their personal data.

Implications

The decree’s provisions aim to enhance transparency, accountability, and responsibility in the handling of personal data. However, its strict requirements and lack of exceptions for certain situations may pose challenges for organizations operating in Vietnam. As the decree takes effect, businesses must adapt to these new regulations to ensure compliance and maintain trust with their customers.

Stay Tuned

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