CONSENT TO PROCESSING PERSONAL DATA IN ONLINE BEHAVIOURAL ADVERTISING AS PER THE GDPR AND EXPERIENCE IN VIETNAM

Background: The advent of computers has transformed personal information into a valuable asset. Online behavioural advertising seeks to match advertising with Internet users. However, many online behavioural advertising companies often use data collection and processing methods that violate the rights of Internet users when extracting and analysing personal data to track and profile online behavioural advertising. These risks may be related to discrimination, inequality, stereotyping, stigmatisation, and inaccuracy in decision-making. This affects the privacy of users. EU law has clear regulations on consent to process personal data in online behavioural advertising. In contrast, Vietnamese law has notable limitations, especially in recording consent to process personal data. It is necessary to improve Vietnamese law on the issue of consent to process personal data based on the provisions of EU law. Methods: The article uses the analytical method to clarify the concept of personal data processing and the characteristics of online behavioural advertising. The analytical method also indicates the possibility that online behavioural advertising can hurt personal information. This method is also used to analyse EU law protecting personal data in online behavioural advertising, thereby finding experiences that Vietnamese law can learn from. The article also uses the comparative method. This method is mainly used to compare EU law and Vietnamese law related to the provisions on consent to process personal data in online behavioural advertising. Combined with the above analysis method, the comparative method shows the advantages of EU law compared to Vietnamese law on the issue of consent to process personal data in online behavioural advertising. From there, the article can make policy recommendations to improve Vietnamese law on this issue. Results and conclusions: The article concludes that Vietnam can learn from the EU on the requirement that consent to process personal data in online behavioural advertising must be given freely, with knowledge, specifically, and clearly. The article proposes policy recommendations for Vietnam on personal data consent in online behavioural advertising. First, the law must consistently define "personal data" and "personal data protection."Second, it specifies the adequate time for the data subject's consent.