Law on Personal Data Protection No. 91/2025/QH15 will take effect from January 1, 2026. The law clearly stipulates the issue of personal data protection in recruitment, management and use of workers.
Article 25 of the Law on Personal Data Protection stipulates that agencies, organizations and individuals in recruiting workers are only required to provide information for recruitment purposes, in accordance with the provisions of law; the information provided is only used for recruitment purposes and other purposes according to the agreement in accordance with the provisions of law.
The information provided must be processed in accordance with the provisions of law and must have the consent of the employee; The information provided by the employee must be deleted or canceled in case of non-recruitment, unless otherwise agreed with the employee.
Agencies, organizations and individuals in managing and using workers must comply with the provisions of this Law, the law on labor, employment, the law on data and other relevant legal provisions.
The personal data of employees must be stored for a period of time according to the provisions of law or by agreement; The personal data of employees must be deleted or destroyed when the contract is terminated, except in cases where otherwise provided by agreement or by law.
The law also stipulates that agencies, organizations and individuals in managing and using workers may only apply technological and technical measures in accordance with the provisions of law and ensure the rights and interests of personal data subjects, on the basis that workers clearly know that measure. personal data collected from technological and technical measures that are not in accordance with the law must not be processed or used.
