Do Hong Quyen, Bui Ngoc Linh


In today's society, where digital technologies have a pervasive influence, data protection has emerged as a paramount concern across various scientific fields. In the realm of legal science, international arbitration, as an alternative dispute resolution mechanism, also faces its own challenges in this regard. This article delves into the issue of personal data, the urgency of data protection in international arbitration, and, through an analysis of typical data protection regulations worldwide, domestic laws on data protection in general and in arbitration proceedings in particular. Based on this analysis, the article proposes recommendations for enhancing data protection in arbitration proceedings, contributing to the improvement of the Draft Commercial Arbitration Law of Vietnam.


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personal data protection, arbitration process, 2010 Law on Commercial Arbitration, and draft law on commercial arbitration

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UNCTAD official website. https://unctad.org/page/data-protection-and-privacy-legislation-worldwide; “Data Protection and Privacy Legislation Worldwide.” https://rb.gy/hs93q.

Data Migration International, The Ramp-up in Data Privacy Regulations in North America

The United Kingdom retained the GDPR after Brexit, in the form of the UK GDPR, which applies alongside an amended version of the Data Protection Act 2018.

Annex 9 of the Draft ICCA-IBA Roadmap to Data Protection in International Arbitration (Draft Roadmap) sets out a helpful non-exhaustive list of national and regional data protection laws in important arbitration jurisdictions.

Article 4(1) of the GDPR defines ‘personal data’ as “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

Article 4(2) of the GDPR defines ‘processing’ as “any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction”.

Article 4(7) of the GDPR defines ‘controller’ as “the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data”.

Article 4(8) of the GDPR defines ‘processor’ as “a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller”.

GDPR, Article 3(1).

GDPR, Article 3(2)(a).

Data Protection Obligations in International Arbitration | Insights | Greenberg Traurig LLP

The National Archives, “Arbitration Act 1996”. https://www.legislation.gov.uk/ukpga/1996/23. Accessed 26 January 2024.

HG.org, Data Protection Law, https://www.hg.org/data-protection.html. Accessed 25 January 2024.

Legal Information Institute, Cornell Law School, “U.S. Code: Title 9 – ARBITRATION”. https://www.law.cornell.edu/uscode/text/9. Accessed 25 January 2024.

International Chamber of Commerce, ‘ICC Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration’, para. 80–91.

https://iccwbo.org/content/uploads/sites/3/2017/03/icc-note-to-parties-and-arbitral-tribunals-on-the-conduct-of-arbitration.pdf. Accessed 27 January 2024.

International Chamber of Commerce, ‘ICC Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration’, para. 80. https://iccwbo.org/content/uploads/sites/3/2017/03/icc-note-to-parties-and-arbitral-tribunals-on-the-conduct-of-arbitration.pdf. Accessed 12 March 2024.

International Chamber of Commerce, ‘ICC Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration’, para. 83–84.

https://iccwbo.org/content/uploads/sites/3/2017/03/icc-note-to-parties-and-arbitral-tribunals-on-the-conduct-of-arbitration.pdf. Accessed 26 January 2024.

London Center of International Arbitration (“LCIA”), Season's Greetings from the LCIA. https://www.lcia.org/seasons-greetings-from-the-lcia.aspx. Accessed 26 January 2024.

1946 Constitution, Article 11, “The homes and correspondence of Vietnamese citizens shall not be illegally violated.”

1959 Constitution, Article 28, “The law ensures that the homes of citizens of the Democratic Republic of Vietnam are not violated and that correspondence is kept secret.”

1980 Constitution, Article 71, “Confidentiality of correspondence, telephone calls, and telegrams is guaranteed.”

1992 Constitution, Article 73, “Citizens' correspondence, telephone calls, and telegrams are guaranteed to be safe and confidential.”

2013 Constitution, Article 21.

Government electronic information portal, Decree No. 13/2023/ND-CP: Protection of personal data rights; prevent personal data breaches. https://xaydungchinhsach.chinhphu.vn/nghi-dinh-so-13-2023-nd-cp-bao-ve-quyen-du-lieu-ca-nhan-ngan-chan-cac-hanh-vi-xam-pham-du-lieu-ca-nhan-119230513100359528.htm. Accessed 28 January 2024.

Government Cipher Committee, Some issues of building and perfecting the legal system on personal data protection in the current situation. https://antoanthongtin.vn/chinh-sach---chien-luoc/mot-so-van-de-xay-dung-va-hoan-thien-he-thong-phap-luat-ve-bao-ve-du-lieu-ca-nhan-trong-tinh-hinh-hien-nay-107759. Accessed 29 January 2024.

DOI: http://dx.doi.org/10.46827/ejsss.v9i6.1691

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