Legal Consulting Office of Lao Dong Newspaper answers:
Article 8 of the Law on Personal Data Protection (effective from January 1, 2026) stipulates the handling of violations of the law on personal data protection as follows:
1. Organizations and individuals who commit acts of violating the provisions of this Law and other provisions of law related to the protection of personal data, depending on the nature, severity, and consequences of the violation, may be administratively sanctioned or prosecuted for criminal liability; if causing damage, they must be compensated according to the provisions of law.
2. The sanctioning of administrative violations in the field of personal data protection shall be carried out in accordance with the provisions of Clauses 3, 4, 5, 6 and 7 of this Article and the law on handling administrative violations.
3. The maximum fine level in administrative violation handling for the act of buying and selling personal data is 10 times the revenue obtained from the violation; in case there is no revenue from the violation or the fine level calculated according to the revenue obtained from the violation is lower than the maximum fine level specified in Clause 5 of this Article, the fine level specified in Clause 5 of this Article shall be applied.
4. The maximum fine in administrative violation handling for organizations that violate regulations on transborder personal data transfer is 5% of the revenue of the year immediately preceding that organization; in case there are no revenue of the year immediately preceding or the fine calculated based on revenue is lower than the maximum fine according to Clause 5 of this Article, the fine according to Clause 5 of this Article shall be applied.
5. The maximum fine in administrative violations for other violations in the field of personal data protection is 3 billion VND.
6. The maximum fine level specified in Clauses 3, 4 and 5 of this Article is applied to organizations; individuals committing the same violation, the maximum fine level is equal to one-half of the fine level for organizations.
7. The Government stipulates the method of calculating revenue obtained from the act of violating the law on personal data protection.
Thus, from January 1, 2026, the maximum fine in administrative violations for violations in the field of personal data protection is 3 billion VND.
Legal advice
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