DOJ Issues Guidance on Data Export Control Rule

The DOJ recently issued implementation and enforcement guidance on its data export control rule, which became effective on April 8, 2025. This WilmerHale memo summarizes that guidance. Here’s the intro:

On April 8, the Department of Justice’s (“DOJ’s”) final rule on Preventing Access to US Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered Persons (the “Rule”) formally took effect. Issued pursuant to President Biden’s 2022 Executive Order (“E.O.”) on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government Related Data by Countries of Concern (EO 14117), the Rule imposes broad restrictions on the access of US sensitive personal data and government-related data to certain covered countries of concern and covered persons, as well as a suite of new compliance and reporting requirements across industries. The Rule also creates a new Data Security Program (“DSP”) within the DOJ’s National Security Division (“NSD”) to oversee implementation, including through issuance of licenses and advisory opinions.

On Friday, April 11, the NSD issued much anticipated guidance on the Rule’s implementation, including (i) an overarching implementation and enforcement policy for the program (“Enforcement Policy”) through the next 90 days; (ii) a 21-page Compliance Guidance; and (iii) a 45-page guide to frequent answers and questions (“FAQs”). Moreover, the NSD previewed that additional guidance would be forthcoming in the coming weeks regarding an initial Covered Persons List that identifies and designates persons subject to the control and direction of foreign adversaries.

The memo notes that regulating data transfers will remain a bipartisan priority that may even accelerate under the Trump Administration, and that the rule will be enforced immediately.  However, the NSD indicated that it won’t prioritize civil enforcement actions over the next 90 days for US persons engaging in good faith efforts to come into compliance with the rule.