Along with the digital transformation process in production and business activities, personal data is increasingly becoming a valuable asset for businesses, and at the same time it is also the target of many acts of illegal intrusion, exploitation and use. In fact, personal data leakage incidents can arise from a variety of causes, from technical and human factors to gaps in governance and legal compliance processes. When an incident occurs, enterprises not only face the risk of business interruption but also face serious legal risks related to the responsibility to protect personal data in accordance with Vietnamese law. In order to support businesses to respond promptly, in accordance with regulations and minimize legal consequences arising, HM&P Law Firm ("HM&P") provides handling personal data breach incidents services with a comprehensive approach, combining legal advice, risk assessment and support for the implementation of remedial measures in practice.
Common forms of personal data breaches in enterprises
From the practice of consulting and assisting businesses in handling incidents related to personal data, HM&P has found that personal data leaks often arise in the following typical forms:
- Technical and system security incidents, when an information technology system is attacked, exploits security vulnerabilities or illegally accesses servers and data storage platforms.
- Human factors within the business, including personnel using insecure devices, sharing information in the wrong channel, sending the wrong data, or having access accounts hijacked.
- Risks arise from third parties involved in data processing, especially providers of information technology, storage, software or outsourced services to businesses.
- The collection and use of data exceeds the permitted scope, is not for the notified purpose or has no appropriate legal basis as prescribed.
- Limitations in the process of data management and storage, when businesses have not fully established a mechanism for classifying, securing, backing up and destroying personal data.
"Practice shows that incidents of personal data leakage often do not stem from a single cause but are a combined consequence of technical, human and incomplete data management systems." – Partner Nguyen Ngoc Tra My, DPO at HM&P said.
Why do businesses need legal advice as soon as a personal data incident occurs?
How businesses handle incidents at an early stage when a personal data leak occurs has a direct impact on the level of legal risk later. Focusing only on technical remediation or handling according to internal experience, in many cases, can cause businesses to miss important legal obligations or perform in the wrong order as prescribed.
In addition to the risk of being sanctioned for administrative violations, businesses can also face other consequences such as complaints from data subjects, disputes with customers or partners, being required to explain to regulatory agencies, as well as significant damage to reputation and brand image. In particular, in cases involving sensitive personal data or a large number of data subjects, legal risks often tend to spread and last if not controlled in time.
The timely involvement of lawyers and legal consultants specializing in personal data protection plays an important role in helping businesses determine the right obligations to perform, choose appropriate handling plans and minimize legal consequences arising. This is also a factor that helps businesses proactively control risks from the beginning, instead of passively handling when the incident has become complicated.
For more information about our services, please contact:
HM&P Law Firm
- Address: 7th Floor, ITAXA Building, 126 Nguyen Thi Minh Khai, Xuan Hoa Ward, HCMC
- Phone: +84 28 73080839
- Email: counsel@hmplaw.vn
- Website: https://hmplaw.vn/
Please download the PDF version of handling personal data breach incidents for enterprises HERE
