DOJ Bulk Data Rule: Is your organization ready for the October 6^th requirements? 

On October 6, 2025, the final set of obligations under the Department of Justice’s rule on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern” (the “Rule”) took effect. Organizations that collect, process, or transfer sensitive personal data must now implement comprehensive compliance programs and demonstrate those controls through certifications, audits, and, in some cases, annual reporting. This article explains what the October 6, 2025 requirements mean in practice and how they interact with the Rule’s scope and applicability.

Overview of the Rule

Overall, the Rule is designed to restrict the processing and transfer of specified categories of sensitive personal data—including human ‘omics data, biometric data, precise geolocation data, personal health data, and personal financial data—to designated countries of concern, unless a specific exception applies. It also imposes robust compliance, audit, and recordkeeping obligations on covered entities.

For a detailed analysis, please see our previous piece on the Final Rule.

Scope and applicability

Organizations subject to the Rule should assess whether their data processing activities involve covered categories of sensitive data and whether any transfer, access, or processing activity implicates countries of concern or a covered entity. The Rule reaches both direct transfers and indirect access by foreign entities. As a result, organizations should map data flows end-to-end, identify all points of exposure, and document the purposes, recipients, and technical and organizational controls applicable to the data.

October 6 requirements

As of October 6, 2025, organizations subject to the Rule must implement a data compliance program consistent with § 202.1001(a). The program should include procedures for verifying data flows and analyzing and documenting the types and volumes of data involved, the identities of transacting parties, and the data’s intended end uses, as described in § 202.1001(b). The program and its documentation should be certified by the person responsible for compliance pursuant to § 202.1001(b)(3).

In addition, any organization engaged in a restricted transaction, as defined under the Rule, must conduct an audit for compliance with § 202.1002(a). The audit should cover the preceding twelve months and describe the nature of the restricted transaction, the compliance program, and any mitigation measures required under the Rule, consistent with § 202.1002. Further, certain organizations are obligated to submit an annual report, subject to the Rule’s thresholds and limitations, in accordance with § 202.1103.

Conclusion

The Rule now imposes concrete, time-sensitive obligations on organizations that collect, process, or transfer sensitive personal data, with heightened compliance, audit, and reporting requirements that took effect on October 6, 2025. Given the Rule’s broad reach and its focus on end-to-end data flows, indirect access, and robust documentation, organizations should finalize their compliance programs, certify program documentation, and confirm whether restricted transactions trigger audit or annual reporting duties. If you need support assessing applicability, designing or testing a compliant program, or preparing required audits and reports, the Reed Smith team can help you interpret the Rule and implement practical, defensible controls.