Abstract

Consent is an important mechanism through which data subjects exercise control over the collection and processing of their personal data. In the digital environment, however, ensuring meaningful consent presents significant challenges. Data subjects are often confronted with large volumes of information, complex privacy policies, asymmetries between users and service providers, and interface designs that may influence their decision- making. Consequently, an affirmative act of consent does not necessarily demonstrate that data subjects have been provided with a genuine and informed choice regarding the processing of their personal data. By clarifying the role and legal conditions of consent, this article examines key challenges arising in the digital environment and assesses the corresponding provisions of Vietnam’s 2025 Law on Personal Data Protection and Decree No. 356/2025/ND-CP. On this basis, the article proposes several directions for strengthening the voluntariness of consent, improving data subjects’ access to and understanding of relevant information, and enhancing the accountability of entities involved in personal data processing in Vietnam.

Keywords: Consent, data subject, digital environment, personal data, personal data protection, privacy.