I. Introduction
In the context of digital transformation and the rapid development of the data economy, personal data has become a crucial resource for business activities. Technology companies, e-commerce platforms, financial institutions, and digital media enterprises all rely on the collection, analysis, and exploitation of personal data to generate commercial value, optimize business operations, and develop products and services.
In practice, personal data increasingly demonstrates clear economic value and is even described as the “oil of the digital economy.” However, Vietnamese law currently approaches personal data primarily from the perspective of privacy protection and personal rights, rather than recognizing it as a type of property capable of valuation and commercial transaction. This raises an important legal question: can personal data be regarded as a form of commercial property?
Studying this issue is significant for clarifying the legal nature of personal data and contributing to the improvement of the legal framework governing economic relations in the digital environment.
II. The Concept of Personal Data and the Approach of Vietnamese Law
1. Concept of Personal Data
Pursuant to Clause 1, Article 2 of Decree No. 13/2023/ND-CP on Personal Data Protection:
“Personal data means information in the form of symbols, letters, numbers, images, sounds, or similar forms in an electronic environment that is associated with a specific individual or helps identify a specific individual.”
Personal data includes basic information such as full name, date of birth, telephone number, and address, as well as sensitive data such as financial information, health data, location data, or online behavioral data.
This provision shows that Vietnamese law defines personal data as intrinsically linked to a specific individual and possessing a clear personal (personality-right) nature.
2. Personal Data from the Perspective of Personal Rights
The 2015 Civil Code does not directly define personal data but protects personal information as a personality right.
Article 38 of the 2015 Civil Code provides:
“The private life, personal secrets, and family secrets of an individual are inviolable and protected by law.”
The collection, use, and disclosure of information relating to private life must be consented to by the individual, except where otherwise provided by law.
Thus, current legislation prioritizes the protection of personal data as a right attached to human personality rather than treating it as a purely proprietary object.
III. Does Personal Data Possess the Characteristics of Commercial Property?
1. Concept of Property under Civil Law
Under Article 105 of the 2015 Civil Code:
“Property includes objects, money, valuable papers, and property rights.”
Property rights are understood as rights that can be valued in monetary terms and transferred in civil transactions.
To qualify as commercial property, an object generally must possess the following characteristics:
- Economic value;
- Controllability;
- Transferability or the ability to generate economic benefits.
2. Economic Value of Personal Data
In business practice, personal data is used for:
- Consumer behavior analysis;
- Personalized advertising;
- Artificial intelligence development;
- Business strategy formulation.
Many enterprises generate substantial profits through the exploitation of user data, demonstrating that personal data possesses real commercial value.
3. Transferability and Exploitation of Data
Although Vietnamese law does not recognize personal data as property, Decree No. 13/2023/ND-CP permits data processing where the data subject gives consent. This indirectly acknowledges the possibility of exploiting data within business activities.
However, data transfer does not constitute a transfer of ownership as with conventional property; rather, it involves a conditional right to process data.
4. Limitations Arising from the Nature of Personality Rights
The fundamental distinction lies in the fact that personal data is inherently connected to an individual and cannot be entirely separated from the data subject. According to principles of the Civil Code:
- Personality rights are non-transferable unless otherwise provided by law;
- Individuals always retain control over their personal information.
Therefore, personal data does not fully satisfy the criteria of traditional commercial property.
IV. Legal Trends and Emerging Issues
1. The Global Trend of “Propertization” of Data
Many jurisdictions and legal scholars consider personal data a “hybrid asset,” combining elements of personality rights and economic value. Modern legal systems increasingly allow individuals to exercise control over and derive economic benefits from their data.
2. Legal Gaps in Vietnam
Currently, Vietnamese law:
- Does not recognize personal data as property;
- Lacks mechanisms for data valuation;
- Provides no clear regulations on individuals’ commercial exploitation rights regarding their own data.
This results in a situation where enterprises generate significant profits from data exploitation while data subjects lack mechanisms to obtain proportionate economic benefits.
V. Recommendations for Legal Reform
- Study and develop the concept of “property rights in data” alongside personality rights.
- Improve transparent consent mechanisms and strengthen individuals’ data control rights.
- Establish controlled regulations on the valuation and commercial exploitation of personal data.
- Enhance compensation liability mechanisms for unlawful data exploitation.
VI. Conclusion
In the digital economy, personal data has acquired clear commercial value and has become a critical resource in modern business activities. Nevertheless, under current Vietnamese law, personal data is not recognized as a form of commercial property in the traditional sense but is primarily protected as a personality right of individuals.
However, the development of the digital economy requires a more flexible legal perspective, recognizing personal data as an object with a dual nature — simultaneously embodying personality elements and economic value. Improving the legal framework toward balancing privacy protection and commercial data utilization will be an inevitable trend to meet the demands of Vietnam’s digital society in the coming years.
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Khuong Ngoc Lan