Data localization
Requirement to store specified data within Vietnam's territory.
How the laws define this
Both instruments establish a legal obligation requiring data relating to individuals in a specific nation to be stored on servers physically located within that country. They diverge significantly in the lifecycle stages regulated and the additional conditions imposed. Under the Cybersecurity Law, the rule applies to certain categories of data concerning Vietnamese users and includes an explicit mandate to make specified data available to authorities upon request, often accompanied by a minimum retention period of 24 months. Conversely, Қазақстан Республикасының «Дербес деректер және оларды қорғау туралы» Заңы governs the personal data of Kazakhstani citizens and strictly requires that the primary collection and processing—not merely the storage—must take place on physical servers within Kazakhstan. While the Cybersecurity Law emphasizes storage retention and regulatory access, the Kazakhstani law dictates where the initial collection and handling of personal data must occur.
Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.
How jurisdictions differ
What is distinctive in each definition, binding law in force first.
| Jurisdiction | Instrument | Status | What is distinctive |
|---|---|---|---|
| Kazakhstan | Law of the Republic of Kazakhstan 'On Personal Data and their Protection' | In Force (Amended) | Specifies primary collection, processing, and storage exclusively for Kazakhstani citizens' personal data, unlike Vietnam's focus on certain categories of data concerning Vietnamese users. |
| Vietnam | Cybersecurity Law | Repealed | Adds a minimum retention period and availability to authorities on request for specified data, unlike Kazakhstan's definition which omits these elements. |
What it triggers
- Under Kazakhstan's Law of the Republic of Kazakhstan 'On Personal Data and their Protection', it imposes the legal obligation to perform primary collection, processing, and storage of personal data of Kazakhstani citizens on servers physically located within Kazakhstan.
- Under Vietnam's Cybersecurity Law, it required certain categories of data concerning Vietnamese users to be stored on servers physically located in Vietnam and made available to authorities on request, including a minimum retention period for specified data when requested.source
Definitions (2)
A legal obligation requiring certain categories of data concerning Vietnamese users to be stored on servers physically located in Vietnam and made available to authorities on request, including a minimum retention period (commonly 24 months) for specified data when requested.
The legal obligation to perform the primary collection, processing, and storage of personal data of Kazakhstani citizens on servers physically located within Kazakhstan.
Not to be confused with
Critical Personal Data refers to data deemed critical to national security or significant public interest, while data localization concerns the geographic requirement to store specified data within a territory.
Providing data to overseas describes actions enabling overseas parties to obtain domestic data, whereas data localization mandates storing data within the domestic territory.
Questions and answers
What data must be stored in Kazakhstan under data localization rules?
Personal data of Kazakhstani citizens must have their primary collection, processing, and storage performed on servers physically located within Kazakhstan.
Does Vietnam's Cybersecurity Law still require data localization?
No, Vietnam's Cybersecurity Law, which required certain categories of data concerning Vietnamese users to be stored on servers in Vietnam, has been repealed.
What are the key differences in data localization between Kazakhstan and Vietnam?
Kazakhstan mandates localization for personal data of its citizens' primary operations, while Vietnam's now-repealed law targeted user data categories with retention and authority access requirements.
Related Terms
Critical Personal Data
Data deemed critical to national security or significant public interest....
Providing data to overseas
Any action enabling overseas parties to obtain domestic data....
data protection
Legal and technical measures to secure personal and sensitive data....
Data processing
Any operation performed on personal data....
Lei Geral de Proteção de Dados (LGPD)
Brazil's data protection law, establishing rules for personal data processing and ensuring privacy rights....