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Legal developments in data, privacy, cybersecurity, and other emerging technology issues
If your company transfers sensitive personal data of U.S. individuals to entities or persons associated with certain countries deemed foreign adversaries, two federal programs designed to address national security risks should be on your radar -- the Department of Justice’s Data Security Program (DSP) and the Protecting Americans’ Data from Foreign Adversaries Act (PADFAA). While different, both frameworks address risks of data exploitation by adversarial nations and have significant potential penalties for non-compliance. PADFAA is a law that was enacted in June 2024; the DSP is a DOJ-administered program born from an executive order, and the DOJ has announced that it will begin enforcing the framework on July 8, 2025.