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Cross-Border Personal Data Transfers: What Businesses Should Know (Part 1)

Cross-Border Personal Data Transfers: What Businesses Should Know (Part 1)

The use of cloud computing services such as AWS, Google Cloud, and Microsoft Azure by Vietnamese enterprises is becoming increasingly common. However, where personal data is stored, transmitted, or processed on systems located overseas, enterprises may be engaging in cross-border personal data transfers and become subject to corresponding compliance obligations. In Part 1 – Identifying Cross-Border Personal Data Transfers, CDLAF addresses a practical question: When does the use of servers, platforms, or cloud services provided by overseas providers constitute a cross-border personal data transfer?
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Key takeaways:

  • The 03 cases that are considered cross-border personal data transfers;
  • The 03 criteria enterprises should assess when using overseas cloud services;
  • How to determine a cross-border transfer based on the data source – processing activities – data destination;
  • Cases where the use of overseas cloud services does not constitute a cross-border personal data transfer.
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