UNIVESITY OF ECONOMICS AND LAW FACULTY OF ECONOMIC LAW GRADUATION THESIS CROSS-BORDER DATA LIBERALIZATION AND PERSONAL DATA PROTECTIONS – CONFLICT AND RESOLUTION SCIENCE INSTRUCTOR: LL. TRƯƠNG TRỌNG HIỂU AUTHOR: TRẦN THỊ THẢO STUDENT ID CODE: K195022000 HO CHI MINH CITY, 04/2023 UNIVESITY OF ECONOMICS AND LAW FACULTY OF ECONOMIC LAW TRAN THI THAO CROSS-BORDER DATA LIBERALIZATION AND PERSONAL DATA PROTECTIONS – CONFLICT AND RESOLUTION GRADUATION THESIS Science instructor: Master of Law Trương Trọng Hiểu HO CHI MINH CITY, April 2023 I hereby declare that this graduation thesis is my own, done under the guidance of Mr. Trương Trọng Hiểu. The contents and research results in this thesis are truthful.
This information, data, judgments are taken from many different sources to serve the topic analysis. In addition, the thesis also uses some comments, assessments, reports as well as views of other authors, agencies and organizations which are cited and annotate the source in accordance with regulations. If any fraud is detected, I take full responsibility for the content of my Thesis. Ho Chi Minh City, 08 April 202.
Author Trần Thị Thảo Contents INTRODUCTION. Rationale of the thesis. Overview of research on cross-border data liberalization and personal data protection. Research objectives, tasks, subject and scope.
Contribution of the thesis. The structure of the thesis. 5 CHAPTER 1: GENERAL THEORY ABOUT CROSS-BORDER DATA LIBERALIZATION AND PERSONAL DATA PROTECTION. General theory about cross-border data liberalization.
Definition cross-border data and cross-border data liberalization. Characteristics cross-border data. The role of cross-border data liberalization. General perspective of personal data protection.
Definition of personal data. Characteristics of cross-border personal data. Basis of the rights for personal data protection in the cross-border data flow 10 1. The importance of building and amending personal cross-border data protection.
Conflict between cross-border data liberalization and data localization. Rationale for data localization. The cost of restrictions on data flow. Conflict between cross-border data liberalization and data localization 19 CONCLUSION OF CHAPTER 1.
20 CHAPTER 2: LEGAL ISSUES ABOUT CROSS-BORDER DATA LIBERALIZATION AND PERSONAL DATA PROTECTION - RECOMMENDATIONS FOR VIETNAMESE LAW FROM FOREIGN LAW. Overview of typical approaches and regulations on cross-border data liberalization and personal data protection around the world. Approach and regulation on cross-border data liberalization and personal data protection of EU. Approach and regulation on cross-border data liberalization and personal data protection of Singapore.
Legal issues about cross-border data liberalization and personal data protection - the resolution for Vietnamese Law. Condition for cross-border data liberalization. Level of cross-border data protection. Commitment measure of cross-border data protection.
De-identification of cross-border data. The consent of data subject for cross-border data. Accountability of related parties for cross-border data protection .3 Security for performance the obligations on cross-border data protections 38 2. Administrative sanctions for cross-border personal data violation.
Criminal sanctions for cross-border personal data violation. Resolution for the conflict between cross-border data liberalization and personal data protection. 40 CONCLUSION OF CHAPTER 2. 43 ABBREVIATION CCPA California Consumer Privacy Act GDPR General Data Protection Regulation of European Directive 95/46/EC Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data Decree The Decree on Personal Data Protection No.13/2013/ND-CP promulgated on 17 April 2023 Draft Decree The second Draft of Decree on Personal Data Protection on 14 January 2021 PDPA Personal Data Protection Act of Singapore in 2012 PDP Regulations the Personal Data Protection (Notification of Data Breaches) Regulations 2021 and come into effect on 1 February 2021.
PIPL Personal Information Protection Law of the People's Republic of China OECD Organization for Economic Cooperation and Development 1 INTRODUCTION 1. Rationale of the thesis The Internet and the free flow of data across borders is becoming a key platform for international trade. Digital products can be sold online, and the Internet provides opportunities for business to use the Internet to manage global supply chains, communicate with customers and access IT in the cloud. At the same time, governments are restricting the Internet in ways that reduce the ability of businesses and entrepreneurs to use the Internet as a place for international commerce and limit the access of consumers to goods and services.
This article discusses the importance of the Internet and cross-border data flows for international trade. It proposes steps that governments should take to apply existing international trade rules and norms and identifies where new trade rules are required to further support the Internet and cross-border data flows and drivers of international commerce and trade. Today, the world is globalized and digitalized. The Internet and other information and communication technologies (ICT) are driving the development of every aspect including industry and society.
In this digital age, business and even social management are heavily dependent on moving, storing and using digital information (data), increasingly across borders. Cross-data enables the coordination of international production and trading processes through global value chains, it helps every entity reach global markets, it is an asset that can itself be traded, a conduit for delivering services and a key component for automation in trade facilitation. Besides, cross-border data supports social management, an example for this in Vietnam is that now the Government is gradually phasing out paper-based data and switching to digital data. These can be mentioned as the removal of household registration books and paper identity cards to integrate and use citizen identification with chips and the development of VNeID application that aggregates personal information on mobile applications to facilitate the use and management of personal data.
We can say that in the digital age now, data is the lifeblood of international trade. 2 We can easily see that data flows easily around the world. On the internet, we can search for data, information about every country around the world which is called cross- border data liberalization (“CDL”). In the field of economy, cross-border data liberalization helps firms around the world to do market research to choose appropriate fields, partners, places to do business around the world.
In the field of society development, cross-border data liberalization makes it easy for people around the world to communicate, exchange information and learn from different countries. The world is increasingly more connected through sharing data with the emergence of artificial intelligence (AI) and blockchain. With all the benefits of cross-border data liberalization, data must be free to move across borders to continue the growth of the global economy and foster innovation. Cross-border data liberalization brings us many advantages but also raises many concerns about the right to privacy and personal data protection.
The liberalization of data flow is the biggest source of risk that personal data being stolen, leaked, damaged, illegally used and illegally exported because it’s hard to manage the data flow worldwide or can be known as data governance. Data governance is the most prominent global conflict within cross-border data liberalization. This involves data privacy and protection, portability and sharing, cybersecurity, and government access to data (whether for law enforcement investigations, national security, or political purposes). Cross-border data liberalization and data governance themselves bring both benefits and disadvantages in many ways.
The key question is how we can govern the data, protect the personal data without overly restricting the digital trade and data-driven innovation. The answer to this question will lead the way to serve and suggest the possible solution forward for a global cross-border data flows’ regulatory framework. Overview of research on cross-border data liberalization and personal data protection There has been much research on the issue of cross-border data liberalization and personal data protection by scholars, economists and policymakers in Vietnam and abroad with regards to a number of theoretical and practical issues. An overview of those studies is presented in the following section.
3 The Master, lecturer at University of Economics and Law Bạch Thị Nhã Nam has a paper named “Improving the law on personal data protection” published in Journal of Legislative Studies providing basic information about the personal data with the legal reference of the EU, thereby providing lessons for Vietnam in the development of legislation on the protection of personal data. The article has analyzed the right to personal data in Vietnamese law and points out the shortcomings in the current law of Vietnam. In addition, the author has consulted the concepts, regulations, and principles of the European Union law on personal data protection and made effective recommendations to improve the regulations on personal data. persons in Vietnamese law.
With the above article, the author has a development orientation for Vietnam's law on personal data, but the article has not mentioned the contradictions between the protection of personal data and the liberalization of cross-border data flows. world to promote socio-economic development. Doctor Nguyễn Thị Hồng Hạnh with the support of her science instructor Associate Professor Ph.D Tường Duy Kiên also successfully defended her doctoral thesis with the topic “Improving the law on personal information protection in Vietnam currently”. In this article, the author studies the limitations of Vietnamese law in the protection of private rights in the 4.0 industrial revolution age and proposes some solutions to finalize legal regulations on this issue in Vietnam recently.
The same as the article mentioned above, this article still does not raise the concern about the conflict between the liberalization of cross-border data and personal data protection. Recognizing that there is not any previous research on the above conflict, this thesis will show the reasons and the resolution for this problem. Research objectives, tasks, subject and scope 3. Objectives of the study: The study aims to propose some solutions to improve law on cross-border data liberalization and personal data protection in Vietnam.
Research tasks: Summarizing and systematizing theoretical frameworks on cross-border data liberalization, personal data protection and the relationship between them; Pointing out the highlights in the laws of countries around the world for cross- border data liberalization and personal data protection; proposing feasible and 4 scientifically based solutions to improve Vietnamese law on cross-border data liberalization and personal data protection. Subject of the thesis: The thesis is about cross-border data liberalization and personal data protection 3. Scope of the study 3. Research location The thesis studies the practical situation on implementation of cross-border data liberalization and personal data protection particularly in EU, Singapore and Vietnam.
Research duration The information analysis of the thesis is collected since 2018. In 2023, the author aggregates data and information to conduct an overall analysis and evaluation of main research issues. Solutions, proposals and recommendation are intended for implementation in Vietnam up to 2030. Research methods This research is completed by using and combining some methodologically based research methods as follows: Documentary research methods: study the history, topics related to "cross- border data liberalization and personal data protection", thereby inheriting their achievements.
Analyze available data from such sources like magazines, books, newspapers, internet documents to get the data, information for this research. Method of legal interpretation: explanation, based on the words of articles and clauses related to the content of the law on Foreign Direct Investment in Vietnam in the green energy and renewable energy industry. Synthesis method: learn and expand information and documents related to the topic and screen the inclusion of appropriate information in the report. Evaluation method: use the consideration of information and materials found to make recommendations and solutions to give my comments and assessments in the most objective way from which to propose some recommendations for this issue.
Contribution of the thesis 5 Firstly, the thesis has summarized and clarified a number of theories on cross- border data liberalization, personal data protection and the relationship between them and show the importance role of cross-border data liberalization, personal data protection in the current age. Secondly, the thesis has studied the experience of law on personal cross-border data protection specially of EU and Singapore. From there, the thesis draws valuable lessons for Vietnamese Law to build legal frame of personal cross-border data protection.