The collection and processing of personal data has become an indispensable part of the operations of many businesses. However, this also brings strict legal requirements for confidentiality and compliance. To minimize risks and ensure compliant operations, establishing a personal data protection department is something that needs serious consideration.
Within the scope of this article, VDPC will clarify When do businesses need a personal data protection department, based on legal regulations.
Businesses must designate a department and personnel with sufficient capacity to protect personal data; or if they cannot do it themselves, they must hire organizations or individuals providing personal data protection services.
– The Personal Data Protection Law 2025 (according to the 4th Draft – June 26, 2025) passed does not specifically mention the number of personnel or departments related to personal data protection, so the specific number or regulations may be regulated in more detail in subsequent guiding documents and Decrees related to the Personal Data Protection Law.
– In addition, although not yet regulated in detail, it is still possible to refer to the regulations in the previous 3rd Draft (May 8, 2025) which mentioned that businesses are also required to have at least 01 personal data protection expert suitable for their industry, profession, and business sector.
– According to the previous 2nd Draft (March 28, 2025), there was a general mention of the conditions regarding qualifications and the issuance of certificates of sufficient technological and legal capacity for personal data protection experts designated in the enterprise, however, because it was omitted in the passed law, it is for reference only.
– Therefore, regulations related to the personnel conditions of the business’s personal data protection department may be specified in more detail in subsequent guiding documents and Decrees related to the Personal Data Protection Law.
– Implement appropriate managerial and technical measures to protect personal data as regulated.
– Notify the specialized agency of any acts of violation regarding personal data protection.
– Prevent unauthorized collection of personal data.
– Coordinate with the Ministry of Public Security and competent state agencies in personal data protection, providing information to serve the investigation and handling of acts violating the law on personal data protection.
– Startups, small, and micro-enterprises have the right to implement or not implement the designation of personnel, departments, or hire organizations to protect the business’s personal data for a period of: 05 years from the date the Law takes effect on January 1, 2026.
– This right does not apply to startups, small, and micro-enterprises in the following cases:
+ Businesses providing personal data processing services.
+ Businesses directly processing sensitive personal data.
+ Businesses processing personal data of a large number of personal data subjects.
General Data Protection Regulation of the European Union (GDPR) 2016
– Quantity: Minimum 01 Data Protection Officer (DPO) in cases of large-scale data processing or public authorities.
– Responsibilities: Advising, monitoring GDPR compliance, training, auditing, and cooperating closely with regulatory authorities.
– Conditions: Professional knowledge of data protection law and practices.
– Quantity: Minimum 01 person
– Responsibilities: Handling complaints, contacting authorities, guiding employees on secure data protection.
– Quantity: Minimum 01 person
– Responsibilities: Ensuring compliance with 10 PIPEDA principles, demonstrating compliance.
4. South Korea (PIPA) 2011 amended and supplemented in 2020, 2023
– Quantity: Minimum 01 person
– Responsibilities: Developing and implementing personal data protection plans, inspecting, handling complaints, training, managing data records.
Determining the necessary time to establish a personal data protection department not only helps businesses comply with the law but also contributes to building reputation and trust with customers.
Above is the advisory content on When do businesses need a personal data protection department. If you have further questions related to this issue, please contact VDPC for the most accurate advice and support.
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The above is a summary and analysis of legal regulations based on the Advisor’s perspective for reference purposes only. This content does not apply to any specific real-world case, and VDPC shall not be held liable for any application by readers based on the aforementioned information without obtaining professional consultation from experts. Readers are kindly requested to contact us for precise advice tailored to your specific case of interest. Sincerely!
See more:
- Responsibilities of a Dental Specialty Clinic in Cases of Personal Data Disclosure
- Personal Data Processing: Understanding for Compliance
- What Should Businesses Do to Comply with Legal Principles When Processing Personal Data?
- Responsibilities of a Vaccination Center in Cases of Personal Data Disclosure
- Cases Where Personal Data Can Be Processed Without the Subject’s Consent
