The functional approach to data regulation: Implications for Vietnam

Abstract

The need to develop the digital economy and digital society requires a legal framework that creates conditions for subjects to exchange digital data with minimal barriers. This article introduces the theoretical basis and practical significance of the functional model to data law. Thereby, the article studies and analyses the current legal framework of Vietnam to point out some existing limitations in the framework of data rights. The results show that approaching data from the functions and benefits that it brings to the subjects, instead of from the nature of data types, will help address the limitations of the current legal framework. The article offers some directions to address the limitations and build towards a comprehensive legal framework regulating data-related relationships in Vietnam.