GOVERNING THE “DIGITAL APPLICANT”: DATA PROTECTION, PLATFORM INTERMEDIATION AND AUTOMATED HIRING IN VIETNAM

Abstract

Online recruitment has fundamentally changed how applicant data are collected, processed, shared, retained, and reused. Rather than remaining within a bilateral relationship between an applicant and an employer, data now circulate through recruitment platforms, applicant tracking systems, assessment providers, background-screening services, cloud-based human-resource tools, and AI-enabled hiring systems. This article examines the limits of a consent-centred model of data protection where bargaining power is asymmetric, data flows are opaque, and responsibility is distributed across multiple actors. Using a functional comparative legal method combined with applicant-data lifecycle risk mapping, the study compares regulatory approaches in the European Union, the Philippines, and Vietnam. It identifies gaps in Vietnam concerning role allocation, automated screening, talent-pool retention, cross-border processing, and remedies. The article then proposes a Recruitment Data Accountability Matrix (RDAM) to connect each stage of the applicant-data lifecycle with responsible actors, core obligations, governance controls, and remedies. The proposed reform agenda is risk-based and proportionate, seeking to move regulation from formal consent toward lifecycle accountability while preserving operational flexibility for employers.