JOINT CONTROL OF PERSONAL DATA UNDER THE DRAFT LAW ON PERSONAL DATA PROTECTION AND GENERAL DATA PROTECTION REGULATION

Abstract: In today’s interconnected digital landscape, personal data protection has become a cornerstone of privacy rights, with the concept of joint control emerging as a pivotal issue. Joint control arises when multiple entities collaborate to process personal data, necessitating clear legal frameworks to ensure accountability and safeguard data subjects. The European Union’s General Data Protection Regulation (“GDPR”) offers a robust model for addressing joint controllers, setting a global standard. By contrast, Vietnam’s Draft Law on Personal Data Protection (“Draft Law”), issued on March 10, 2025, remains silent on this critical aspect, raising questions about its adequacy in a data-driven era. This article provides a comprehensive comparison of how the GDPR and the Draft Law address joint control, analyzing the definitions of entities involved in data processing, the GDPR’s regulation of joint controller, relevant case studies, the implications of the Draft Law’s omission, and recommendations for improvement.

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