News & Analysis as of

Department of Justice (DOJ) Data Protection Biden Administration

Bass, Berry & Sims PLC

DOJ Publishes Final Rule Restricting Bulk Cross-Border Data Transfers of Sensitive Data to Foreign Persons

On April 8, the U.S. Department of Justice’s (DOJ) Final Rule, codified at 28 CFR Part 202, (Final Rule), implementing President Biden’s Executive Order 14117 “Preventing Access to U.S. Sensitive Personal Data and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New DHS Security Requirements Impact Compliance for Employers with Workers in Six “Countries of Concern”

The U.S. Department of Homeland Security (DHS) recently published new security requirements for certain restricted transactions covered by the U.S. Department of Justice’s (DOJ) sensitive data export rules. ...more

Perkins Coie

User’s Guide to DOJ & CISA Rules Implementing Executive Order 14117

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Executive Order (EO) 14117 is a national security rule intended to mitigate national security risks posed by threat countries’ access to sensitive personal data and government-related data. The EO directed the U.S....more

Perkins Coie

DOJ’s Final Rule on Data Transfers: Impacts Across Industries

Perkins Coie on

As of January 23, 2025, the regulation discussed below has not been withdrawn by the Trump administration and is not subject to automatic withdrawal under President Trump’s Executive Order freezing regulations. It currently...more

Mayer Brown

President Biden Issues Executive Order on Strengthening and Promoting Innovation in the Nations Cybersecurity

Mayer Brown on

INTRODUCTION... On January 16, 2025, President Biden issued an Executive Order (EO) on Strengthening and Promoting Innovation in the Nation’s Cybersecurity, to further address increasing threats from nation-state actors...more

King & Spalding

DOJ Issues Final Rule Restricting Foreign Access to U.S. Data

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The rule imposes substantial new diligence, reporting, cybersecurity, and auditing obligations on companies. On December 27, 2024, the U.S. Department of Justice (“DOJ”) issued a final rule implementing Executive Order...more

Hinch Newman LLP

DOJ Issues Rule Addressing Threat Posed by Foreign Adversaries’ Access to Americans’ Sensitive Personal Data

Hinch Newman LLP on

On Friday, December 27, 2024, the Justice Department issued a final rule to address “urgent national security risks posed by access to U.S. sensitive personal and government-related data from countries of concern and covered...more

Venable LLP

Key Insights: DOJ's Proposed Rule to Protect Bulk Sensitive Personal Data—What Companies Need to Know

Venable LLP on

Earlier this year, the Biden administration issued Executive Order (EO) 14117, which instructed the Department of Justice (DOJ) to create a framework that would prohibit certain data transactions. ...more

Ankura

Operational Implications of the New Bulk Sensitive Data Executive Order

Ankura on

On February 28, 2024, President Biden signed Executive Order 14117 (the EO), on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” The United...more

Venable LLP

Data Restrictions in the 21st Century Peace through Strength Act

Venable LLP on

On April 20, 2024, the House of Representatives passed H.R.8038, the 21st Century Peace through Strength Act ("supplemental"), which includes a version of H.R.7520, the Protecting Americans' Data from Foreign Adversaries Act...more

Snell & Wilmer

The Department of Justice Is Building a Data Security Protection and Enforcement Program

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In response to President Biden’s Executive Order authorizing increased data privacy measures, Assistant Attorney General (AAG) Matthew G. Olsen announced that the National Security Division of the Department of Justice (DOJ)...more

King & Spalding

Executive Order Restricts Foreign Access to U.S. Data, Citing National Security Risks

King & Spalding on

On February 28, 2024, President Biden signed Executive Order (EO) 14117 titled “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” On March 5,...more

Benesch

United States Looks Towards its First Cross-Border Data Transfer Regime with New Executive Order

Benesch on

President Biden issued an Executive Order last month calling on the DOJ and relevant government agencies to tighten regulations on bulk data transfers to “countries of concern.” In late February, President Biden issued...more

Goodwin

US Government Moves to Regulate Cross-Border Transactions Involving Sensitive Data

Goodwin on

In a sweeping, coordinated effort across federal agencies, the US government has taken a giant leap forward to prevent access to data that could be exploited to the detriment of national security. On February 28, 2024,...more

The Volkov Law Group

President Biden Issues Executive Order Concerning Bulk Data, With Parallels to Current Sanctions Regulations

The Volkov Law Group on

On February 28, 2024, President Biden issued a new Executive Order in order to better secure the private data of U.S. citizens from being exploited by foreign adversaries of the United States.  By issuing his Executive Order...more

A&O Shearman

DOJ Proposes New Licensing Regime for the Bulk Sale of Americans’ Personal Data

A&O Shearman on

On February 28, 2024, President Biden issued an Executive Order (EO) entitled, “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern,” outlining a new...more

Mayer Brown

President Biden Issues Executive Order Empowering DOJ to Regulate the Export of Sensitive Personal Data

Mayer Brown on

On February 28, 2024, President Joe Biden issued Executive Order (“EO”) 14117, empowering the Department of Justice (DOJ) to regulate the export of certain consumer data, in order to prevent certain countries’ governments...more

Paul Hastings LLP

Biden Administration Issues Executive Order and Announces Notice of Proposed Rulemaking Restricting “Countries of Concern” from...

Paul Hastings LLP on

On February 28, 2024, the Biden Administration issued a new “Executive Order on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern” (the “EO”). The...more

Alston & Bird

White House Executive Order to Regulate Transactions Involving Sensitive Personal Data of Americans

Alston & Bird on

The White House announced that President Biden will sign an executive order designed to protect sensitive data of U.S. persons from exploitation by identified countries of concern.  This executive order is expected to be...more

Fox Rothschild LLP

Biden Administration Issues Executive Order to Protect Sensitive Personal Data

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The White House recently issued an executive order that restricts cross-border transfers of personal data from the United States to “countries of concern.” President Biden also urged Congress to pass comprehensive privacy...more

Troutman Pepper Locke

Biden Issues First Executive Order Directing Federal Agencies to Establish New Standards to Promote Safe and Secure Use of AI

Troutman Pepper Locke on

On October 30, President Biden issued a sweeping Executive Order calling on Congress to enact privacy laws and directing federal agencies to review existing rules and potentially explore new rulemakings governing the use of...more

Fenwick & West LLP

What Companies Need to Know About the New National Cybersecurity Strategy

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The White House announced last Thursday its highly anticipated National Cybersecurity Strategy (NCS). Although largely aspirational and short on concrete plans, the 39-page NCS is the Biden administration’s most ambitious...more

Clark Hill PLC

Window on Washington – Vol. 6, Issue 23

Clark Hill PLC on

Outlook for This Week in the Nation’s Capital - Congress. The House and Senate are in session this week. The House will vote on numerous bills this week, including the Ocean Shipping Reform Act, legislation to lower food and...more

Perkins Coie

Answers to Common Questions Regarding New CIRCIA

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President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) on March 15, 2022. The enactment of CIRCIA follows attacks on critical infrastructure, such as the May 2021...more

Herbert Smith Freehills Kramer

DOJ Announces Civil Initiative Focused on Using the False Claims Act to Prosecute Cybersecurity-Related Fraud by Government...

On Oct. 6, 2021, Deputy Attorney General Lisa O. Monaco announced the creation of a Department of Justice (DOJ) Civil Cyber-Fraud Initiative (the Initiative). According to the announcement, the Initiative combines the DOJ’s...more

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