Preparation of the Data Transfer Impact Assessment Dossier for Cross-Border Transfers of Personal Data

Cross-Border Data Protection – Ensuring Legal Compliance – Enhancing International Transparency

CDLAF assists enterprises in preparing the Personal Data Cross-Border Transfer Impact Assessment Dossier in compliance with the prevailing regulations on personal data protection, while ensuring alignment with international standards such as the EU General Data Protection Regulation (GDPR), APEC Cross-Border Privacy Rules (CBPR), and the NIST Privacy Framework.

This dossier is a mandatory legal obligation for any organization/enterprise engages in one of the following activities:

Transferring personal data outside the territory of Vietnam (via cloud platforms, email, API, applications, or management systems located overseas);
Using foreign-based data processors (e.g., international CRMs, payment gateways, AI service providers, data analytics providers, etc.);
Being a foreign-invested enterprise (FDI) that shares data among its branches, representative offices, or parent company located overseas.

This is a critically important dossier, as once personal data is transferred beyond Vietnam’s borders, the Vietnamese enterprise remains legally responsible under Vietnamese law for ensuring the protection of that data.

CDLAF’s Cross-Border Personal Data Transfer Impact Assessment Reporting Service is designed to assist enterprises in:

Fully complying with legal requirements when transferring personal data outside the territory of Vietnam
Clearly identifying legal, technical, and privacy risks prior to the data transfer
Establishing appropriate safeguards and control mechanisms compatible with IT infrastructure
Enhancing corporate reputation and governance capacity when working with international partners and investors
Being well-prepared to provide explanations to competent authorities during inspections or upon request for dossier submission

Scope of services provided by CDLAF:

We will prepare a comprehensive Cross-Border Personal Data Transfer Impact Assessment Dossier, which includes:

A description of the types of data to be transferred and the affected data subjects
Information on the destination country, the receiving entity, and the reason for the data transfer
Legal analysis and assessment of risks associated with cross-border data transfers
Evaluation of impacts on the rights and legitimate interests of individuals
Technical, organizational, and legal measures to ensure data security
Data protection commitments and mechanisms for handling complaints or incidents
A written undertaking from the data recipient regarding compliance with personal data protection regulations

How we do it

Process	Detailed description
Step 1: Surveying cross-border data transfer activities	We begin by working directly with relevant departments, including technical – legal – management – operations to gather detailed information about the cross-border personal data transfer activities, including: What types of personal data are being transferred outside of Vietnam Transfer methods: via email, CRM platforms, international ERP systems, cloud services, etc. Data recipients: parent companies, data processors, partners, etc Technology infrastructure: country where the server is located, API systems, and integrated platforms. Legal basis and existing contractual agreements with the data recipient This information serves as the foundation for identifying potential risks and developing a well-grounded, logically structured, and legally compliant cross-border data transfer assessment dossier.
Step 2: Mapping the Data Flow and Describing Cross-Border Data Transfers	We design a clear diagrams illustrating the flow of the personal data, from the point of collection in Vietnam to the final destination in another country. This includes: Classifying the types of data (basic personal information, financial data, location, behavioral data, biometric data, etc.) Identifying the timing – method – platform used for the data transfer Listing any intermediary processing entities (if any) Highlighting potential risk points (such as unencrypted communications, lack of authentication, absence of binding contracts) This document will be included in the dossier as a visual explanation for competent authorities or partners.
Step 3: Assessing risks and impacts on individual rights	We conduct an in-depth analysis of the following: The extent to which individuals’ privacy and control over their personal information may be affected Risks associated with transferring data to countries that lack equivalent personal data protection regulations Risks of unauthorized access, misuse, or data breaches within international infrastructure The likelihood of the Vietnamese enterprise being held liable for violations occurring abroad Based on this, we classify the risks into high, medium, and low levels, with clear justification provided for each assessment.
Step 4: Recording and Recommending Data Protection Measures for Cross-Border Transfers	Based on the risk analysis, we review and recommend: Necessary technical measures: encryption, authentication, access segregation Legal measures: data processing agreements, addendum (DPA), non-retransfer commitments Organizational measures: periodic audits, designation of supervisory department, access control over outbound data flows Mechanisms for complaint handling and incident response related to foreign jurisdictions The objective is to establish a cross-border data protection framework that enables the enterprise to maintain control over its data, even after it has been transferred.
Step 5: Drafting and Finalizing the Cross-Border Data Transfer Impact Assessment Dossier	We prepare a complete Impact Assessment Dossier in full compliance with legal requirements, including: A description of the processing activities and the purpose of the data transfer Information on the receiving party and the legal basis for the transfer A detailed impact assessment report Data protection commitments and safeguard measures Appendices including data flow diagrams, contracts, and related undertakings The dossier is standardized in format, professionally presented, and available in bilingual form (if required), ready for submission to the Ministry of Public Security upon request.
Step 6: Guiding internal issuance and dossier submission (if required)	We do not stop at drafting the dossier, but also guide the enterprise in issuing and implementing it in accordance with proper procedures, including: Drafting the issuance decision to be signed by the authorized representative Guiding internal publication and proper retention of the dossier in accordance with regulations Providing step-by-step instructions for submitting the dossier to the Ministry of Public Security, where applicable — particularly in cases involving cross-border data processing or large-scale processing of sensitive data Supplying templates for periodic updates of the Personal Data Assessment (PDA) to prevent obsolescence or non-compliance due to lack of updates Additionally, we are ready to provide short training sessions for the designated personnel or data governance team to ensure the dossier is used for its intended purpose.

Why choose us?

A team of highly experienced and specialized legal experts

We are a team of well-trained lawyers and legal consultants with practical experience in implementing personal data compliance, including GDPR, APPI, and CCPA. We have successfully assisted numerous FDI enterprises, tech startups, banks, and financial institutions.

In-depth analysis – Specific consultation – Practical solutions

We don’t just identify the problems; we also provide tailored solutions that align with your budget, scale, and business model – ensuring feasibility and effectiveness.

Commitment to confidentiality and long-term support

All business information is kept strictly confidential in accordance with professional legal standards, and we are ready to provide ongoing support in remediation, staff training, contract review, internal policy development, and more.

Industry-specific design

No generic templates – your policy is tailored to your organizational structure, industry, and unique technology model.

High-quality documentation

Drafted bilingually (if needed), presented logically – suitable for submission to banks, investors, partners, or competent authorities.

Accompanying service, not just document delivery

Includes implementation guidance, training, operational support, and post-issuance follow-up.

30-Point Personal Data Compliance Self-Assessment Checklist

Receive a specialized document package containing 30 key criteria, enabling your organization to quickly self-assess its compliance status under Decree No. 13/2023/NĐ-CP — entirely free of charge.

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