On October 27, 2026, Hanoi Law University held a scientific conference titled “Cross-Border Personal Data Protection – International Experience and Recommendations for Vietnam,” bringing together experts, researchers, and representatives of legal institutions and organizations. Lawyer Luu Xuan Vinh, Managing Director of Asia Legal and an arbitrator at the Vietnam International Arbitration Centre (VIAC), attended the conference and presented a paper.
International Experience and Emerging Challenges in Cross-Border Personal Data Protection
With the development of e-commerce, artificial intelligence (AI), and cloud computing, the collection, processing, and transfer of personal data increasingly extend beyond national borders. This trend raises various legal issues concerning privacy protection, risk management, and the allocation of responsibilities among parties when data is processed across multiple jurisdictions.
In his opening remarks, Associate Professor Nguyen Ba Binh, PhD, Vice Rector of Hanoi Law University, emphasized the growing importance of personal data in economic development, innovation, and public administration. He also highlighted the need to further clarify issues such as the scope of cross-border data transfers, impact assessment obligations, and mechanisms for safeguarding data subjects’ rights when their information is transferred outside Vietnam.
Featuring 30 papers compiled in the conference proceedings, the conference examined prominent international legal frameworks for cross-border personal data protection. Discussions covered the European Union’s (EU) approach to balancing individual rights with the free flow of data, the United States’ sectoral regulatory model, China’s approach linking data protection with national security and sovereignty, as well as relevant ASEAN regulations and next-generation free trade agreements.
In addition to international experience, experts discussed legal challenges arising from the development of AI, particularly the risks of inferring sensitive information from personal data, the use of personal data to train AI models, and the technical difficulties involved in fulfilling data subjects’ requests for erasure. Issues concerning data sovereignty, conflicts of law, jurisdiction, and the enforcement of laws governing cross-border data processing were also examined from various perspectives.
Recommendations for Improving Vietnam’s Legal Framework and Strengthening Compliance
At the conference, Lawyer Luu Xuan Vinh presented a paper, contributing to professional discussions on cross-border personal data protection.
In the context of Vietnam, the papers examined challenges in applying the consent principle, enforcing data subjects’ rights, and fulfilling businesses’ data protection impact assessment obligations. Specific areas, including the sharing of health data and the protection of consumer and employee data, were also addressed, highlighting the need for regulatory mechanisms suited to different data processing activities.
The discussions at the conference are particularly relevant in the context of Vietnam’s Law on Personal Data Protection No. 91/2025/QH15 and its implementing regulations, which took effect on January 1, 2026. The research findings and recommendations provide a scientific and practical basis for implementing the legal framework, with the aim of balancing privacy protection and national security with the free flow of data to support the development of the digital economy.
Through its participation in professional forums and academic exchanges, Asia Legal continues to stay abreast of emerging legal issues and bridge legal research with businesses’ practical compliance needs.
Learn more about Asia Legal’s professional activities and legal services on the official Asia Legal website.
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