Last review date: 31 December 2024

No, except in limited cases. The Biden Administration's Executive Order 14117 imposes heightened review processes for transfers of personal data and prohibits data sharing with foreign entities linked to "countries of concern." Pursuant to EO 14117, the US Department of Justice issued a new rule "Pertaining to Preventing Access to US Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered Persons," 4410-PF, 28 CFR Part 202, Docket No. NSD 104, RIN 1124-AA01 to regulate, restrict, and in some cases prohibit the sharing of United States Government-related data or bulk US Sensitive Personal data with "countries of concern." The Rule contains very complex and broad definitions and will affect companies or businesses operating within the "countries of concern." The "Protecting Americans' Data from Foreign Adversaries Act" further authorizes the federal government to block transactions involving sensitive data transfers that pose national security risks.

Please see separate question for information on data localization provisions that are not restricted to personal data.