DOJ's Final Rule On Data Transfers: Impacts Across Industries

As of January 23, 2025, the regulation discussed below has not been withdrawn by the Trump administration and is not subject to automatic withdrawal under President Trump's Executive Order freezing regulations.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 is scheduled to take effect on April 8, 2025. Under the new Trump Executive Order, agencies may postpone implementation of pending regulations for up to 60 days to conduct a policy review.

The U.S. Department of Justice (DOJ) issued its final rule (Final Rule) governing the transfer of government-related data and bulk U.S. person sensitive data to countries of concern, such as Russia, China, and Iran. The rule is not specific to any industry or business and covers data transfers and vendor, employment, and investment agreements that would provide those countries—or businesses or individuals subject to their jurisdiction—with covered data or access to that data. Businesses should assess whether they are engaged in data transactions the rule