{"id":5965,"date":"2023-06-22T12:32:47","date_gmt":"2023-06-22T05:32:47","guid":{"rendered":"https:\/\/cdlaf.az9s.group\/?p=5965"},"modified":"2024-03-06T09:52:32","modified_gmt":"2024-03-06T02:52:32","slug":"method-to-publish-and-get-consent-to-personal-data-processing","status":"publish","type":"post","link":"https:\/\/cdlaf.vn\/en\/method-to-publish-and-get-consent-to-personal-data-processing\/","title":{"rendered":"Method to publish and get consent to personal data processing"},"content":{"rendered":"

Given the issuance of Decree 13\/2023\/ND-CP on personal data protection (\u201cDecree 13<\/strong>\u201d), all credit organizations are exploring different methods to get their customers\u2019 consents before processing the personal data of such customers. Decree 13 paves a path to different methods and formats that organizations can the consents of their customers. To not only give the customers the most convenient way to give their consents but also ensure that such consents are given and gotten in compliance with Decree 13, credit institutions (the \u201cCI<\/strong>\u201d) are considering whether they can get the consents (the \u201cData Processing Consent<\/strong>\u201d) of the data subjects (the \u201cData Subject<\/strong>\u201d) by one of the following methods or they cannot:<\/p>\n

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  1. Method 1<\/strong>: Insert the Data Processing Consent as a clause (the \u201cData Processing Clause<\/strong>\u201d) in a document (the \u201cCover Document<\/strong>\u201d) which is signed by the Data Subject, such as a clause in the credit contract or a term deposit contract.<\/li>\n
  2. Method 2<\/strong>: In the Cover Document, insert an embedded link (the \u201cEmbedded Link<\/strong>\u201d) that directs the Data Subject to a landing page where a data processing agreement is published (the \u201cData Processing Agreement<\/strong>\u201d).<\/li>\n<\/ol>\n

    (collectively as the \u201cMethods<\/strong>\u201d)<\/p>\n

    Given this proposal, we are interested in exploring the legality as well as available options that organizations may adopt to realize Method 1 and Method 2 above. For the purpose of this paper, we will collective refer to the organizations, which control and process the personal data of customers, as \u201cController or Processor<\/strong>,\u201d because, to have a thorough view, we want to deep-dive into data controller or data controller-cum-processor as the one who can decide not only the purposes and means of data processing, but also the processing of personal data itself.<\/p>\n

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    Method to publish and get consent to personal data processing<\/figcaption><\/figure>\n
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