1. Introduction
FPT Software Company, Ltd. (“FPT Software” hereinafter) Corporate Data Protection Policy lays out strict requirements for processing personal data pertaining to customers, business partners, employees or any other individual. It meets the requirements of the European Data Protection Directive and ensures compliance with the principles of national and international data protection laws in force all over the world. The policy sets a globally applicable data protection and security standard for FPT Software and regulates the sharing of information between FPT Software, subsidiaries and legal entities. FPT Software have established guiding data protection principles – among them transparency, data economy and data security – as FPT Software guidelines.
FPT Software managers and employees are obligated to adhere to the Corporate Data Protection Policy and observe their local data protection laws. As the Global Data Protection Officer, it is my duty to ensure that the rules and principles of data protection at FPT Software are followed around the world.
I will be pleased to answer any questions you have about data protection and international personal data transfer.
Michael Hering
Global Data Protection Officer, [email protected], +84 902606236
1.1 Purpose
This Data Protection Policy applies worldwide to FPT Software, Subsidiaries as well legal entities and is based on globally accepted, basic principles on data protection. Ensuring data protection is the foundation of trustworthy business relationships and the reputation of the FPT Software as a first-class employer.
The Data Protection Policy provides one of the necessary framework conditions for cross-border data transfer among FPT Software, Subsidiaries and legal entities. It ensures the adequate level of data protection prescribed by the European Union General Data Protection Regulation, APPI, PDPA or other national Personal Data Protection Regulations and the national laws for cross-border data transmission, including in countries that do not yet have adequate data protection laws.
In order to standardize the collection, processing, transfer, and use of personal data, and promote the reasonable, lawfully, fairly and transparent use of personal data to prevent personal data from being stolen, altered, damaged, lost or leaked, FPT Software establishes the personal data protection management policy and information security policies.
1.2 Application Scope
In scope are FPT Software’s business processes and information systems involved in the collection, processing, use and transfer of personal data and all employees, contractors and 3rd party providers involved in the processing of personal data in behalf of FPT Software.
This policy is binding for all departments and functions globally which are involved in personal identifiable information processing.
1.3 Application of national Laws
This Data Protection Policy comprises the internationally accepted data privacy principles without replacing the existing national laws. It supplements the national data privacy laws. The relevant national law will take precedence in the event that it conflicts with this Data Protection Policy, or it has stricter requirements than this Policy. The content of this Data Protection Policy must also be observed in the absence of corresponding national legislation. The reporting requirements for data processing under national laws must be observed.
Each subsidiary or legal entity of FPT Software is responsible for compliance with this Data Protection Policy and the legal obligations. If there is reason to believe that legal obligations contradict the duties under this Data Protection Policy, the relevant subsidiary or legal entity must inform the Global Data Protection Officer. In the event of conflicts between national legislation and the Data Protection Policy, FPT Software in person the Global Data Protection Officer will work with the relevant subsidiary or legal entity of FPT Software to find a practical solution that meets the purpose of the Data Protection Policy.
1.4 Definition
| Abbreviations | Description |
| PII, Personal Identifiable Information, Personal Data |
Refer to the personal data defined by the EU GDPR (Article 4 (1)), ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. |
| Data Subject | EU GDPR (Article 4 – 1), Data subject refers to any individual person who can be identified, directly or indirectly. |
| Data Controller | EU GDPR (Article 4 – 7), Data Controller means the natural or legal person, public authority, agency or anybody which alone or jointly with others, determines the purpose and means of processing of personal data; where the purpose and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. |
| Data Processor | EU GDPR (Article 4 – 8), Data Processor means a natural or legal person, public authority, agency or anybody which processes data on behalf of the controller. |
| Recipient | EU GDPR (Article 4 – 9), A natural or legal person, public authority, agency or anybody, to which the personal data are disclosed, whether third party or not. |
| Third Party | EU GDPR (Article 4 – 10), A natural or legal person, public authority, agency or anybody other than the data subject, controller, processor and persons who under direct authority of controller or processor, are authorized to process personal data |
| DPO/GDPO | Data Protection Officer/Global Data Protection Officer |
| DPIA | Data Protection Impacted Assessment |
| PIMS | Personal Information Management System |
| EU | European Union |
1.5 Related Documents
| No | Code | Name of documents |
| 1 | EU GDPR | EU General Data Protection Regulation |
| 2 | 95/46/EC | EU Data Protection Directive 95/46/EC |
| 3 | Privacy shield | EU-U.S. and Swiss-U.S. Privacy Shield Frameworks designed by the U.S. Department of Commerce and the European Commission and Swiss Administration to provide companies on both sides of the Atlantic with a mechanism to comply with data protection requirements when transferring personal data from the European Union and Switzerland to the United States in support of transatlantic commerce. |
| 4 | APPI | Act on the Protection of Personal Information, Japan. It came into force on 30 May 2017. |
| 5 | PDPA | Personal Data Protection Act 2012, Singapore |
| 6 | PDPO | Personal Data (Privacy) Ordinance, Hongkong, 2012 |
| 7 | PIPA | South Korea’s substantial Personal Information Protection Act (PIPA) was enacted on Sept. 30, 2011 |
| 8 | PIPEDA | Personal Information Protection and Electronic Documents Act, Canada 2018 |
| 9 | HITRUST | Health Information Trust Alliance (CSF, Common Security Framework) |
| 10 | HIPAA | Health Insurance Portability and Accountability Act of 1996 (HIPAA), US |
| 11 | CCPA | California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 et seq. |
| 12 | BS10012: 2017 | British Standard Personal Information Management System |
| 13 | Vietnamese laws on Privacy:
– Article 21 of the 2013 Constitution – Article 38 of the Civil Code 2015 – Article 125 of the Penal Code – Clause 2 of Article 19 of the Labor Code
|
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| 14 | FPT Software Personal Data Protection Handbook | PDP_ Handbook_Version_V2.2 |
2. Policy
2.1 Guiding principles
Principle 1: Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject (lawfulness, fairness and transparency). Collection, processing, transfer, and use of personal data in an illegal way or non-administrative business operations are strictly prohibited.
Principle 2: Processing of personal data only where this is strictly necessary for legal and regulatory purposes, or for legitimate organizational purposes.
Collection only for specified, explicit and legitimated purpose and not further processed in a manner that is incompatible with those purpose (purpose limitation).
Principle 3: Processing only of the minimum of personal information required for these purposes. Adequate, relevant and limited to what is necessary in relation to the purpose for which they are processed (data minimization).
FPT Software will only collect, process, transfer, and use the personal data provided by parties within the scope of laws, regulations, and business requirements, and will take appropriate and reasonable measures to handle and use the personal data within the necessary and reasonable scope.
Principle 4: Providing clear information to data subjects (including children) about how their personal information are used and by whom.
Principle 5: Ensuring special safeguards, if collecting information directly from children.
Principle 6: Only processing relevant and adequate personal information. Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purpose for which they are processed, are erased or rectified without delay (accuracy).
Principle 7: Maintaining a documented inventory of the categories of personal information processed by FPT Software.
Principle 8: Retaining personal information only for as long as is necessary for legal or regulatory reasons or for legitimate organizational purposes and ensuring timely and appropriate disposal (storage limitation).
Principle 9: Respecting data subject right in relation to their personal information.
Principle 10: Processing in a manner that ensures appropriate security of personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, by using appropriate technical or organizational measures.
(integrity and confidentiality)
Principle 11: GDPR or other national and international laws restricts the transfer of personal data to countries outside the EEA or relevant countries. These restrictions apply to all transfers, no matter the size of transfer or how often you carry them out, unless the rights of the individuals in respect of their personal data are protected in another way. Only transferring personal data if it is subject to ‘appropriate safeguards’, which are listed in the GDPR or other national and international laws.
Principle 12: Used Appropriate safeguards are Standard Data Protection Clauses adopted by the Commission. The clauses contain contractual obligations on the data exporter and the data importer, and rights for the individuals whose personal data is transferred. Individuals can directly enforce those rights against the data importer and the data exporter. SCC must be used in their entirety and without amendment.
Principle 13: Developing and implementing a PIMS to enable the PIMS policy to be implemented.
Principle 14: Identification of people/employees with specific responsibility and accountability for the PIMS. Implementation of a strong governance including a Global Data Protection Officer.
Principle 15: Maintain records of processing of personal information.
FPT Software employees breach these principals are fined based on the labor contract regulations.
2.2 Customer and Provider Data (3rd party)
2.2.1 Data processing for a contractual relationship
Personal data of customers and providers (3rd party) can be processed in order to establish, execute and terminate a contract. Prior to a contract – during the contract initiation phase – personal data can be processed to prepare bids or purchase orders or to fulfill other requests that relate to contract conclusion. Customers or providers can be contacted during the contract preparation process using the information that they have provided. Any restrictions requested by customers or providers must be complied with.
2.2.2 Consent to data processing
Data can be processed following consent by the data subject. Before giving consent, the data subject must be informed in accordance with this Data Protection Policy. The declaration of consent must be obtained in writing or electronically for the purposes of documentation. In some circumstances, such as telephone conversations, consent can be given verbally. The granting of consent must be documented.
2.2.3 Data processing pursuant to legal authorization
The processing of personal data is also permitted if national legislation requests, requires or allows this. The type and extent of data processing must be necessary for the legally authorized data processing activity and must comply with the relevant statutory provisions.
2.2.4 Data processing pursuant to legitimate interest
Personal data can also be processed if it is necessary for a legitimate interest of FPT Software. Legitimate interests are generally of a legal (e.g. collection of outstanding receivables) or commercial nature (e.g. avoiding breaches of contract). Personal data may not be processed for the purposes of a legitimate interest if, in individual cases, there is evidence that the interests of the data subject merit protection, and that this takes precedence. Before data is processed, it is necessary to determine whether there are interests that merit protection.
2.2.5 User data and internet
If personal data is collected, processed and used on websites or in apps, the data subjects must be informed of this in a privacy statement and, if applicable, information about cookies. The privacy statement and any cookie information must be integrated so that it is easy to identify, directly accessible and consistently available for the data subjects.
If use profiles (tracking) are created to evaluate the use of websites and apps, the data subjects must always be informed accordingly in the privacy statement.
If websites or apps can access personal data in an area restricted to registered users, the identification and authentication of the data subject must offer sufficient protection during access.
2.3 Employee Data
2.3.1 Data processing for the employment relationship
In employment relationships, personal data can be processed if needed to initiate, carry out and terminate the employment agreement. When initiating an employment relationship, the applicants’ personal data can be processed. If the candidate is rejected, his/her data must be deleted in observance of the required retention period, unless the applicant has agreed to remain on file for a future selection process. Consent is also needed to use the data for further application processes or before sharing the application with other FPT Software legal entities.
In the existing employment relationship, data processing must always relate to the purpose of the employment agreement if none of the following circumstances for authorized data processing apply.
If it should be necessary during the application procedure to collect information on an applicant from a third party, the requirements of the corresponding national laws have to be observed. In cases of doubt, consent must be obtained from the data subject.
There must be legal authorization to process personal data that is related to the employment relationship but was not originally part of performance of the employment agreement. This can include legal requirements, collective regulations with employee representatives, consent of the employee, or the legitimate interest of the company.
2.3.2 Data processing pursuant to legal authorization
The processing of personal employee data is also permitted if national legislation requests, requires or authorizes this. The type and extent of data processing must be necessary for the legally authorized data processing activity and must comply with the relevant statutory provisions. If there is some legal flexibility, the interests of the employee that merit protection must be taken into consideration.
2.3.3 Collective agreements on data processing
If a data processing activity exceeds the purposes of fulfilling a contract, it may be permissible if authorized through a collective agreement. Collective agreements are pay scale agreements or agreements between employers and employee representatives, within the scope allowed under the relevant employment law. The agreements must cover the specific purpose of the intended data processing activity and must be drawn up within the parameters of national data protection legislation.
2.3.4 Consent to data processing
Employee data can be processed upon consent of the person concerned. Declarations of consent must be submitted voluntarily. Involuntary consent is void. The declaration of consent must be obtained in writing or electronically for the purposes of documentation. In certain circumstances, consent may be given verbally, in which case it must be properly documented. In the event of informed, voluntary provision of data by the relevant party, consent can be assumed if national laws do not require express consent. Before giving consent, the data subject must be informed in accordance with this Data Protection Policy.
2.3.5 Data processing pursuant to legitimate interest
Personal data can also be processed if it is necessary to enforce a legitimate interest of FPT Software. Legitimate interests are generally of a legal (e.g. filing, enforcing or defending against legal claims) or financial (e.g. valuation of companies) nature.
Personal data may not be processed based on a legitimate interest if, in individual cases, there is evidence that the interests of the employee merit protection. Before data is processed, it must be determined whether there are interests that merit protection.
Control measures that require processing of employee data can be taken only if there is a legal obligation to do so or there is a legitimate reason. Even if there is a legitimate reason, the proportionality of the control measure must also be examined. The justified interests of the company in performing the control measure (e.g. compliance with legal provisions and internal company rules) must be weighed against any interests meriting protection that the employee affected by the measure may have in its exclusion and cannot be performed unless appropriate. The legitimate interest of the company and any interests of the employee meriting protection must be identified and documented before any measures are taken. Moreover, any additional requirements under national law (e.g. rights of co-determination for the employee representatives and information rights of the data subjects) must be taken into account.
2.3.6 Telecommunications and Internet
Telephone equipment, e-mail addresses, intranet and internet along with internal social networks are provided by the company primarily for work-related assignments. They are a tool and a company resource. They can be used within the applicable legal regulations and internal company policies. In the event of authorized use for private purposes, the laws on secrecy of telecommunications and the relevant national telecommunication laws must be observed if applicable.
There will be no general monitoring of telephone and e-mail communications or intranet/ internet use. To defend against attacks on the IT infrastructure or individual users, protective measures can be implemented for the connections to the FPT Software network that block technically harmful content or that analyze the attack patterns. For security reasons, the use of telephone equipment, e-mail addresses, the intranet/internet and internal social networks can be logged for a temporary period. Evaluations of this data from a specific person can be made only in a concrete, justified case of suspected violations of laws or policies of FPT Software. The evaluations can be conducted only by investigating departments while ensuring that the principle of proportionality is met. The relevant national laws must be observed.
2.4 Policy Review and Evaluation
This policy should be reviewed and evaluated twice a year to reflect the latest status of international standards, legal regulations, technologies, and businesses, and to ensure the timeliness of personal data management practices.
2.5 Announce and Release
This policy is based on an announcement process that will enable personnel to understand the relevant principles and provisions of the personal data protection management policy so that they can follow it.
This policy was revised and reviewed by the Personal Data Protection Working Group, approved by the Global Data Protection Officer and the responsible FPT Software board member (CFO). The Global Data Protection Officer is responsible for implementation and internal audits.
3. Data Protection Control
Compliance with the Data Protection Policy and the applicable data protection laws is checked annually with data protection audits and other controls. The performance of these controls is the responsibility of the Data Protection Representatives. The results of the data protection controls must be reported to the Global Data Protection Officer and the responsible FPT Software board member (CFO). On request, the results of data protection controls will be made available to the responsible data protection authority. The responsible data protection authority can perform its own controls of compliance with the regulations of this Policy, as permitted under national law.
4. Personal Data Protection Training
Every new employee must join the first day Personal Data Protection training.
For every employee processing personal data, it is mandatory to join the Personal Data Protection training on e-campus (FPT Software Training Platform) including a successful exam before starting personal data processing. An annually refresh training is also mandatory.
For every PM, DM, SDM, team lead involved in processing of personal data, it is mandatory to join the extended Personal Data Protection training on e-campus (FPT Software Training Platform) including a successful exam before starting personal data processing. An annually refresh training is also mandatory.
5. Global Data Protection Officer
The Global Data Protection Officer, being internally independent of professional orders, works towards the compliance with national and international data protection regulations. He is responsible for the Data Protection Policy and supervises its compliance. The Global Data Protection Officer is appointed by the FPT Software Board.
The data protection representatives shall promptly inform the Global Data Protection Officer of any data protection risks.
Any data subject may approach the Global Data Protection Officer, or the relevant data protection representative, at any time to raise concerns, ask questions, request information or make complaints relating to data protection or data security issues. If requested, concerns and complaints will be handled confidentially.
If the data protection representative in question cannot resolve a complaint or remedy a breach of the Policy for data protection, the Global Data Protection Officer must be consulted immediately. Decisions made by the Global Data Protection Officer to remedy data protection breaches must be upheld by the management of the company in question. Inquiries by supervisory authorities must always be reported to the Global Data Protection Officer.
Contact details for the Global Data Protection Officer and staff are as follows:
FPT Software Company, Ltd.
Global Data Protection Officer, Michael Hering
F-Town Building 1, Saigon Hi-Tech Park, Lot T2, D1 Street, Tan Phu Ward, Dist. 9,
Ho Chi Minh City, Vietnam
Cell: +84 90 2606236
E-mail: [email protected]
6. Responsibilities and Disciplinary
The executive bodies of FPT Software, subsidiaries and legal entities are responsible for data processing in their area of responsibility. Therefore, they are required to ensure that the legal requirements, and those contained in the Data Protection Policy, for data protection are met (e.g. national reporting duties). FSU leads, OB heads and managing directors of a legal entity are responsible for ensuring that organizational, HR and technical measures are in place so that any data processing is carried out in accordance with data protection. Compliance with these requirements is the responsibility of the relevant employees. If external agencies perform data protection controls, the Global Data Protection Officer must be informed immediately.
The relevant FSU leads, OB heads or managing directors of a legal entity must inform the Global Data Protection Officer as to the name of their data protection representative. The data protection representatives are the contact persons on site for data protection. They can perform checks and must familiarize the employees with the content of the data protection policies. The relevant management is required to assist the Global Data Protection officer and the data protection representatives with their efforts. FSU’s, OB’s or legal entities must inform the data protection representatives in good time about new processing of personal data. For data processing plans that may pose risks to the individual rights of the data subjects, the Global Data Protection Officer must be informed before processing begins. This applies in particular to extremely sensitive personal data. The managers must ensure that their employees are sufficiently trained in data protection (annually awareness training with exam, extended training for PM, DM, BU leads).
Improper processing of personal data, or other violations of the data protection laws, can be criminally prosecuted in many countries and result in claims for compensation of damage. Violations for which individual employees are responsible can lead to sanctions under employment law.
If you do not understand the implications of this policy or how it may apply to you, seek advice from the GDPO via the phone or email (Michael Hering, phone: +84902606236, email: [email protected]).
7. Supplementary guidelines and documents
PDP Handbook V2.2
Guidelines:
- Guideline Personal Data Retention V2.2
- Guideline Policy Development V1.1
- Guideline Personal Data Protection Organization V2.2
- Audit Personal Data Protection Management V1.1
- Guideline Complaints and Appeals Handling V2.2
- Guideline data breach incident V2.2
- Guideline Personal Data Inventory Management V2.2
- Guideline data flow mapping V1.2
- Guideline Risk Management DPIA V1.3
- Guideline PII Classification and Rating V2.1
Templates:
- Template Personal Data Processing Inventory V2.1
- Standard Contractual Clauses template 101219 V1.1
- Exhibit Personal Data Protection full size V1.1
- Amendment Personal Data Protection Management V1.1
- Data Subject Right Request Form V1.1
- Data Subject Consent Form V1.1
- Template GDPR DPIA V2.1
- Template Checklist Before Engagement V2.1
- Template Privacy Impact Analysis & Risk Management V1.3
Every FPT Software employee can find these Guidelines and templates on the platform QMS.
8. Exception
Any exception must be reviewed and approved by Global Data Protection Officer and also approved by the responsible board member of FPT Software (CFO)/Managing Director of a Subsidiary Company/Legal Entity.
