Cyber Security Law in Vietnam and Data Privacy Issue

 Vietnam’s cyber security law has been passed on 12/6/2018, will officially come into effect on Jan 1^st, 2019.   Lawyers at cyber security law firm in Vietnam in the following will discuss some matters including data privacy in Vietnam.

Cyber security regulations in Vietnam

This new cyber security law attracts attention, and contributions from many people.

From the state management’s perspective, Cybersecurity Law is to protect national security.

From business and users’ perspective, organizations that provide Internet services, social networks service, IT services companies, Fintech services, e-commerce websites and individuals whom use these services…. are directly affected groups.

At present, much of the information is stored on e-mail, social networking platforms…

According to Article 26 of Vietnam Cybersecurity Law, it is required to

“Store in Vietnam for the personal information of people who use services in Vietnam and the important data related to national security; Having headquarters or representative offices set up in Vietnam”.

It is understood that only foreign organizations with headquarters or representative offices in Vietnam are permitted to provide internet, social networking, fintech services in Vietnam.

Accordingly, to continue the related services in Vietnam, organizations providing services such as the internet, social networks, fintech services need to establish representative office in Vietnam and for storing data relating to users in Vietnam.

Point a, Clause 2 of Article 26 of Vietnam Cybersecurity Law regulates that organizations provide internet, social network services have to:

“establish information authentication mechanism when user registers account; protect confidential information, user accounts; disclose users’ information to network security division under the Ministry of Public Security upon request in writing”. 

It is suggested that, in order to protect the user’s information and to avoid the abuse of power, the Ministry of Public Security should have specific guidelines for management.

According Article 21 of Vietnam’s Constitution in 2013:

“everyone has the right to inviolability of private life, personal and confidential family secrets; have the right to defend the honor and prestige”

“No one shall be permitted to open, control, illegally seize any correspondence, telephone, telegram and other forms of private communication.”

With the introduction of the Vietnam Cybersecurity Law, the management of information, of service providers, and personal private information pose challenges in terms of data privacy.

How a cyber security law firm in Vietnam can help?

A cyber security law firm in Vietnam can play a crucial role in helping clients overcome legal challenges when doing business in the country.

Vietnam has its own set of regulations and laws related to cyber security, data protection, and technology usage. 

Legal Compliance Assessment: The cyber security law firm in Vietnam can conduct a comprehensive assessment of the client’s business operations, IT infrastructure, and data handling practices to identify potential legal compliance gaps. They will analyze how the client’s operations align with Vietnamese cybersecurity and data protection laws.

Regulatory Guidance: The cyber security law firm in Vietnam can provide up-to-date information on relevant regulations and laws in Vietnam, such as the Law on Cyber Security and the Law on Personal Data Protection. They can help the client understand how these regulations apply to their specific business activities.

Data Protection: If the client deals with personal data, the cyber security law firm in Vietnam can guide them in establishing data protection policies, ensuring compliance with the data protection law. This might involve drafting privacy policies, consent forms, and data handling procedures.

Risk Assessment and Mitigation: The cyber security law firm in Vietnam can help identify potential cybersecurity risks specific to the client’s industry and operations. They can then work with the client to develop strategies to mitigate these risks, which may include implementing security measures, incident response plans, and employee training.

Licensing and Regulatory Approvals: If the client’s business involves technologies or services that require licensing or regulatory approvals from Vietnamese authorities, the cyber security law firm in Vietnam can assist in navigating the application process and ensuring compliance.

Contract Review and Drafting: The cyber security law firm in Vietnam can review and draft contracts, agreements, and terms of service to ensure they incorporate necessary cybersecurity and data protection clauses. This might involve addressing issues related to data sharing, data breaches, liability, and indemnification.

Incident Response Planning: In the event of a cybersecurity incident, the cyber security law firm in Vietnam can help the client develop an effective incident response plan, which includes actions to take during and after a breach, as well as legal notifications and obligations.

Government Relations and Advocacy: If the client encounters challenges due to regulatory issues, the cyber security law firm in Vietnam can liaise with relevant government bodies on their behalf, advocating for reasonable solutions that align with both legal requirements and the client’s business needs.

Litigation and Dispute Resolution: In case of legal disputes in Vietnam related to cybersecurity matters, the cyber security law firm in Vietnam can provide representation and legal assistance, whether in negotiations, mediation, or litigation.

Updates on Changing Laws: Cybersecurity laws and regulations can change over time. The cyber security law firm in Vietnam can keep the client informed about any updates and changes in relevant laws, ensuring ongoing compliance.

Remember, the approach taken by the cyber security law firm in Vietnam will depend on the specific needs and challenges of the client’s business. It’s important to work closely with the law firm to develop a tailored strategy that aligns with the client’s goals while meeting Vietnamese legal requirements.

About ANT Lawyers, a Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.