THE EUROPEAN UNION’S EXPERIENCE IN SAFEGUARDING THE RIGHT TO PERSONAL DATA PROTECTION AND IMPLICATIONS FOR VIETNAM

Abstract

The entry into force of Vietnam’s Law on Personal Data Protection 2025 creates a need to move from recognizing rights to ensuring their practical exercise. This article examines Vietnam’s legal framework and the European Union’s experience under the GDPR through legal analysis, documentary research and a comparison of protection mechanisms. It focuses on data subject rights, accountability, data protection by design and by default, risk-based governance and remedies. The analysis shows that Vietnam already provides several corresponding safeguards. The principal value of the GDPR as a reference therefore lies in connecting those safeguards to operational procedures and verifiable compliance, rather than introducing each mechanism as if it were absent. The article proposes clearer procedures for exercising rights, stronger operational accountability, protection integrated into system design, practical guidance on risk assessment and accessible remedies. These proposals aim to improve implementation within Vietnam’s legal and institutional conditions. The study identifies normative requirements and implementation risks; it does not offer an empirical assessment of the comparative effectiveness of the two systems.