Regulations on the rights and obligations of organizations and businesses establishing social networks according to Vietnamese law

Failure to ensure users’ right to decide when allowing businesses to set up social networks to provide their personal information to third parties, how much is the fine? Are users of social networking services responsible for the information content they provide through the direct link they set up?

1. Does a business setting up a social network have to ensure the right of users to decide when allowing their personal information to be provided to third parties?

Pursuant to Article 25 of Decree 72/2013/ND-CP regulating the rights and obligations of organizations and businesses setting up social networks:

Rights and obligations of organizations and businesses businesses establishing social networks

Organizations and businesses establishing social networks have the following rights and obligations:

1. Providing social networking services to the public except for services prohibited by law;

2. Publicize the agreement to provide and use social network services;

3. Have measures to protect the privacy and personal information of users; Inform users about their rights, responsibilities and risks when storing, exchanging and sharing information online;

4. Ensuring users’ right to decide when allowing their personal information to be provided to other organizations, businesses, and individuals;

5. Do not proactively provide public information with content that violates the provisions of Article 5 of this Decree;

6. Coordinate with competent state management agencies to remove or prevent information that violates the provisions of Article 5 of this Decree upon request;

7. Providing personal information and private information of users related to terrorist activities, crimes, and violations of the law when requested by competent state management agencies;

Thus, businesses establishing social networks must have an obligation to Ensuring users’ right to decide when allowing their personal information to be provided to other organizations, businesses, and individuals (3rd parties).

2. How much is the fine for not ensuring users’ right to decide when allowing businesses to set up social networks to provide their personal information to third parties?

Pursuant to Article 100 of Decree 15/2020/ND-CP, amended by Clause 36, Article 1 of Decree 14/2022/ND-CP, violating regulations on responsibilities of organizations and businesses establishing social networks:

Violation of regulations on responsibilities of organizations and businesses establishing social networks

1. Fine from 20,000,000 VND to 30,000,000 VND for one of the following acts:

a) Incomplete disclosure of the agreement on provision and use of social network services on the homepage of the social network;

b) There are no measures to protect the confidentiality of users’ private or personal information;

c) Failure to inform users about their rights, responsibilities, and risks when storing, exchanging, and sharing information online;

d) Failure to ensure users’ right to decide when allowing organizations and businesses to set up social networks to provide their personal information to third parties;

…

4. Additional sanctions:

a) Confiscate material evidence and means of administrative violations for violations specified in Clause 3 of this Article;

b) Revoke the right to use the License to establish a social network from 03 months to 06 months for violations specified in Points b, c, d, dd and h, Clause 2 and Clause 3 of this Article.

5. Remedial measures:

a) Force removal of false or misleading information or information that violates the law for violations specified in Clause 3 of this Article;

b) Forced revocation of domain names due to violations specified in Clause 3 of this Article.

Thus, if an organization or business setting up a social network does not ensure the user’s right to decide when allowing the organization or business setting up a social network to provide their personal information to a third party, they may be fined. from 20,000,000 VND to 30,000,000 VND.

3. Are users of social networking services responsible for the information content they provide through the direct link they set up?

Pursuant to Article 26 of Decree 72/2013/ND-CP, rights and obligations of users of social networking services:

Rights and obligations of users of social networking services

In addition to the rights and obligations of Internet users specified in Article 10 of this Decree, users of social networking services also has the following rights and obligations:

1. To use social network services except for services prohibited by law.

2. Confidential and personal information is protected in accordance with the law.

3. Comply with regulations on management, provision and use of social network services.

4. Be responsible for the information content you store, provide, transmit on social networks, and distribute information through the direct link you set up.

Thus, users of social network services must be responsible for the information content they provide through the direct link they set up according to regulations.