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Welcome to this week's update on the Department of Justice's latest news and developments. The most significant headline this week is the DOJ's final rule regulating bulk sensitive data transfers, which marks a dramatic policy shift for the United States. This new regulatory regime will impact individuals and companies who are U.S. persons or operate within the United States if they sell or otherwise make available certain sensitive U.S. data[1].
The Bulk Sensitive Data Regulatory Program is a transformative addition to the U.S. government's growing set of tools aimed at blocking foreign adversaries' access to Americans' sensitive data. This regime is not limited to the sale of bulk data but focuses on the transfer of and access to such data. The regulations will go into effect in April 2025, 90 days after they are published in the Federal Register. U.S. entities will be required to report within 14 days any received and rejected offers from persons to engage in prohibited data brokerage transactions and any awareness that a non-U.S. business partner subsequently made the U.S. entities' sensitive U.S. data available to a covered person.
This new regime is likely to upend routine business decisions and make certain conduct potentially unlawful. Individuals who fail to comply with its prohibitions or conditions could face civil and criminal penalties. The DOJ is expected to issue additional compliance and enforcement guidance before enforcement ramps up.
In other news, the DOJ has asked the Supreme Court to block an injunction on the Corporate Transparency Act's beneficial ownership information reporting requirements. The government argues that these requirements are crucial in preventing, detecting, and prosecuting crimes such as money laundering, tax fraud, and the financing of terrorism[5].
Looking ahead, the DOJ is expected to publish its Notice of Proposed Rulemaking to revise the Foreign Agents Registration Act's implementing regulations in January 2025. This will address issues such as the scope of agency, the commercial exemption, and how to label informational materials in the context of social media communications[3].
For American citizens and businesses, these developments underscore the importance of staying informed about regulatory changes and their potential impacts. The Bulk Sensitive Data Regulatory Program, in particular, will require careful attention to ensure compliance and avoid penalties.
To stay updated, you can join the webinar "How the New Rules on Bulk Data Will Impact Your Company" on February 12, 2025, for additional thought leadership on this topic. For more information on these developments and upcoming changes, visit the Department of Justice's official website.
That's all for this week's update. Thank you for tuning in.
The Bulk Sensitive Data Regulatory Program is a transformative addition to the U.S. government's growing set of tools aimed at blocking foreign adversaries' access to Americans' sensitive data. This regime is not limited to the sale of bulk data but focuses on the transfer of and access to such data. The regulations will go into effect in April 2025, 90 days after they are published in the Federal Register. U.S. entities will be required to report within 14 days any received and rejected offers from persons to engage in prohibited data brokerage transactions and any awareness that a non-U.S. business partner subsequently made the U.S. entities' sensitive U.S. data available to a covered person.
This new regime is likely to upend routine business decisions and make certain conduct potentially unlawful. Individuals who fail to comply with its prohibitions or conditions could face civil and criminal penalties. The DOJ is expected to issue additional compliance and enforcement guidance before enforcement ramps up.
In other news, the DOJ has asked the Supreme Court to block an injunction on the Corporate Transparency Act's beneficial ownership information reporting requirements. The government argues that these requirements are crucial in preventing, detecting, and prosecuting crimes such as money laundering, tax fraud, and the financing of terrorism[5].
Looking ahead, the DOJ is expected to publish its Notice of Proposed Rulemaking to revise the Foreign Agents Registration Act's implementing regulations in January 2025. This will address issues such as the scope of agency, the commercial exemption, and how to label informational materials in the context of social media communications[3].
For American citizens and businesses, these developments underscore the importance of staying informed about regulatory changes and their potential impacts. The Bulk Sensitive Data Regulatory Program, in particular, will require careful attention to ensure compliance and avoid penalties.
To stay updated, you can join the webinar "How the New Rules on Bulk Data Will Impact Your Company" on February 12, 2025, for additional thought leadership on this topic. For more information on these developments and upcoming changes, visit the Department of Justice's official website.
That's all for this week's update. Thank you for tuning in.