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ARTICLE · 25 JUNE 2024

Protecting Americans' Data From Foreign Adversaries Act Of 2024

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On April 24, 2024, President Biden signed into law H.R. 815, a national security and foreign aid package which includes the "Protecting Americans' Data from Foreign Adversaries Act of 2024" ("PADFA").

United StatesPrivacy
Natasha Kohne
Natasha Kohne
Christian Davis
Christian Davis
Laura Black
Laura Black
Ryan Dowell
Ryan Dowell
Katherine P. Padgett
Katherine P. Padgett
John W. Babcock
John W. Babcock
Joseph Hold
Joseph Hold
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On April 24, 2024, President Biden signed into law H.R. 815, a national security and foreign aid package which includes the "Protecting Americans' Data from Foreign Adversaries Act of 2024" ("PADFA"). The Act establishes new restrictions, as unfair or deceptive acts regulated by the Federal Trade Commission (FTC), on transfers of certain personally identifiable sensitive data to foreign adversary countries and entities controlled by a foreign adversary.

The law will take effect on June 23, 2024.

Background

PADFA passed very quickly after introduction and is distinct from the Biden Administration's February 28, 2024, Executive Order 14117 ("EO 14117") directing the Department of Justice (DOJ) to promulgate restrictions on the bulk flow of sensitive personal data and U.S. government-related data to "countries of concern."1 In conjunction with EO 14117, the DOJ issued an Advance Notice of Proposed Rulemaking ("ANPRM") to identify the proposed scope of the

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