This article was originally published by BvD-News.
Until 2024, the United States had not restricted transfers of personal data to other countries and traditionally objected to data residency requirements and transfer restrictions that other countries enacted.² On February 28, 2024, U.S. President Joe Biden issued Executive Order 14117 “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern”.³ As a justification and legal basis for his Executive Order, Biden cited to the International Emergency Economic Powers Act (IEEPA)4 and the National Emergencies Act (NEA).5
Read full article at BvD-News Sommer 2026
*An extended version of this article was accepted for publication by the Journal of Data Protection & Privacy in January 2026 and a German version was published in February 2026 / in K&R 2026, 93. Opinions in this article are the author’s own and must not be attributed to his clients, law firm, law schools, or others.
