🔷 SERIES: 30 PERSONAL DATA PROTECTION COMPLIANCE SCENARIOS IN EVERYDAY BUSINESS OPERATIONS - #7: USING OVERSEAS PLATFORMS OR SERVERS: WHAT SHOULD BUSINESSES WATCH OUT FOR?

loanlelawlinkvn
Apr 6
2 min read

Updated: Apr 8

When businesses use corporate email, cloud storage systems, CRM, HRM, or other SaaS platforms with infrastructure located overseas, a common question arises: does this trigger specific legal requirements for personal data?

This is not merely a technology issue. More importantly, businesses need to understand what data is being uploaded to these systems, where it is stored, who can access it, whether access occurs from abroad, and what role the service provider plays in the data processing chain. The risk does not lie in the platform’s name, but in using tools without a clear understanding of data flows or without appropriate control measures.

In practice, many businesses adopt digital tools quickly but skip a basic review involving legal, IT, and business functions. As a result, personal data may be uploaded beyond what is necessary, without internal classification, without guidance on what users are allowed to upload, and without a review process before expanding usage.

A practical tip for internal review:

Before deploying or renewing a platform with cross-border elements, conduct at least a basic operational-level cross-border data flow review.

Mini-checklist:

• Identify what types of personal data are stored or accessed through the platform;

• Map the data flow: who uploads, who accesses, and where the data travels;

• Review contractual terms with the provider regarding data processing and security;

• Classify which types of data must not be uploaded without prior approval;

• Assign a responsible internal owner for periodic review and updates.

In many cases, the right question is not “whether the tool can be used,” but “under what configuration and controls it should be used to minimize compliance risks.”

Legal reference:

Law on Personal Data Protection No. 91/2025/QH15 and its implementing regulations, particularly provisions on personal data processing, data security, and legal requirements for cross-border data-related activities.

CTA: We have prepared a short checklist for cross-border data flow review. The link is available below:

https://drive.google.com/file/d/1uYU2Rs3C29riYqLk8-0LuNdkuaH_RFop/view?usp=sharing

💌 Next Article: Sharing personal data with vendors: What needs to be controlled in the contract?

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Article: Prepared by LLVN.

Image: LLVN

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