In recent days, Zalo's new data terms have continued to spark public debate, particularly regarding the requirement that users must accept all terms or terminate their service, meaning their account will be deleted after 45 days. Many legal experts argue that this choice-based design shows signs of failing to ensure the principle of "voluntariness"—a core element in protecting personal data.
Zalo's request to "agree to all"
PHOTO: TH
Users are put in a "yes or no" situation.
Speaking to Thanh Nien newspaper , lawyer Nguyen Huu Toai, Director of Hung Dong Law Firm, Hanoi Bar Association, said that the principle of freedom of contract is enshrined in Article 385 of the 2015 Civil Code. In the digital environment, terms of service and privacy policies are considered electronic contracts according to the 2023 Electronic Transactions Law.
However, for a platform with nearly 80 million active users and a dominant position in the Vietnamese messaging market like Zalo, offering only the option of "agree to all" or having your account deleted severely restricts user choices.
Lawyer Nguyen Huu Toai, Director of Hung Dong Law Firm Co., Ltd.
PHOTO: PROVIDED BY THE SUBJECT
According to lawyer Toai, users are forced to weigh the choice between continuing to use a service essential for daily communication, work, and business, or giving up control over large amounts of personal data such as phone numbers, names, relationships, identification documents, geographical location, and usage patterns.
"This is a sign of a power imbalance between the platform and the user, leading to consent that is not truly voluntary. Meanwhile, Decree 13/2023/ND-CP requires that consent regarding personal data must be clear, specific, and completely voluntary," lawyer Toai commented.
He also argued that, from January 1, 2026, the 2025 Personal Data Protection Law will further tighten these principles, emphasizing that consent must not be tied to conditions that deprive legitimate rights, and silence should not be considered consent. In this context, the "all or nothing" model could be considered an abuse of dominant position under the 2018 Competition Law (Article 27).
The National Competition Commission has invited VNG to work on collecting data related to Zalo.
"The Zalo case shows that the freedom of agreement in the digital environment is clearly at a disadvantage for users, due to a lack of alternatives and a weak position against a large platform. The lengthy and complex terms of 'agree to all' and allowing data sharing with the affiliated company VNG without individual consent show signs of insufficient transparency, a violation of the principle of voluntary consent, where customers either continue using the service or terminate and have their accounts deleted," lawyer Toai analyzed.
Sharing the same view, cybersecurity expert Ngo Minh Hieu (Hieu PC) believes that users' feeling of being "forced" is completely understandable, because on many digital platforms today, users have almost no real choice other than to accept or leave.
Therefore, according to Mr. Hieu, the responsibility for transparency of technology companies must be prioritized: terms and conditions need to be clearly and understandably written, publicly disclosing the purpose of data collection - storage time - how data is shared - and must provide genuine choices for users.
Building a sufficiently strong legal framework for the "data economy "
According to experts, the Zalo case is a prime example of the urgent need to build a robust legal framework for the data economy in Vietnam.
Lawyer Nguyen Huu Toai commented that personal data is a "gold mine" of the digital economy, but if businesses abuse their position to impose terms, all risks of data leaks, commercial abuse, or loss of control will be shifted to the users.
Cybersecurity expert Hieu PC
PHOTO: THANH HUNG
In addition to existing regulations, lawyers argue that it is necessary to increase administrative penalties and consider criminal liability for the illegal buying and selling of data; to force large platforms to allow users to consent and withdraw consent for each type of data and specific purpose; and to prohibit the "all or nothing" model.
Furthermore, digital platforms need a reasonable transition period, providing at least 30-60 days' notice when changing policies related to personal data. The government also needs to support the development of alternative platforms to reduce monopolies.
According to expert Hieu PC, following the Zalo case, the need to build a sufficiently strong legal framework for the "data economy" is clear to facilitate the development of Vietnamese businesses, but this should not come at the expense of user risks. The ultimate goal must be to balance benefits – transparency with data – and protecting citizens as the central focus of all policies.
Mr. Hieu shared: "International experience shows that many countries have been tightening their grip on tech giants with specific laws on data and digital competition, forcing platforms to respect users' data control rights. The ultimate goal remains to balance digital economic development and citizen protection, with transparency and privacy at the center."
Thanhnien.vn
Source: https://thanhnien.vn/zalo-co-dau-hieu-vi-pham-nguyen-tac-tu-nguyen-trong-thu-thap-du-lieu-nguoi-dung-185251230170620923.htm#img-lightbox-1
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