Clifford Chance

President Biden Issues Executive Order to Protect Americans' Sensitive Personal Data: What Companies That Do Business in Countries of Concern Need to Know

March 12, 2024

On February 28, 2024, President Biden issued Executive Order 14117: Preventing Access to Americans' Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern ("EO 14117"), directing the Department of Justice ("DOJ") and other US agencies to put measures in place to prevent and restrict access to US sensitive personal data by countries of concern.  Heralded by the White House as the "most significant" executive action ever taken by a President to protect American data security, EO 14117 builds on steps the US government has taken in recent years to combat cyberattacks and related threats to national security by foreign adversaries, highlighting how these threats have been exacerbated by advances in artificial intelligence technology.  Shortly following EO 14117, the DOJ published an Advance Notice of Proposed Rulemaking ("ANPRM") detailing the framework of the forthcoming regulations it will issue to implement the order's directives and filling in the details on what transactions will be impacted.  Together, EO 14117 and the accompanying ANPRM from DOJ will likely have important implications for companies that do business in or otherwise operate in countries of concern, including notably China and Russia.

Download PDF