COMBATING THE ILLEGAL TRADING OF PERSONAL DATA: HAS VIETNAM FOUND THE KEY TO THE PUZZLE?

Abstract

In Vietnam, rapid digital transformation has fueled a growing demand for personal data across various sectors, much of which, unfortunately, is being met through illicit markets. This poses a serious threat to privacy and national cybersecurity. This paper analyzes the evolution and status of Vietnam’s legal framework for personal data protection, assessing its effectiveness in curbing the illegal trading of personal data. To examine the issues at hand, this study employs the following methods: doctrinal analysis of relevant Vietnamese legal instruments; synthesis of secondary data from government reports, cybersecurity studies, and media sources; and a review of illustrative legal cases. The investigation has identified persistent legal and enforcement gaps, which included fragmented and sometimes inconsistent rules across instruments, an ineffective “notice-and-consent” model in practice, significant evidentiary barriers for victims, limited deterrence and operational enforceability of sanctions, and the absence of a tailored criminal offense targeting the illegal trading of personal data. Socio-psychological and technological drivers further incentivized breaches and undermined regulatory effectiveness. The paper proposes practical recommendations for Vietnamese lawmakers and regulators to strengthen enforcement mechanisms, harmonize domestic regulations, and promote public awareness and digital literacy. This paper offers a comprehensive assessment of Vietnam’s evolving legal framework for personal data protection and provides practical guidance for policymakers in Vietnam and other developing jurisdictions seeking to curb the illegal trading of personal data and strengthen national data governance in the digital age.