Implications for Digital Advertising and Risk Management with the DOJ Bulk Data Access Rule

Implications for Digital Advertising and Risk Management with the DOJ Bulk Data Access Rule

According to an article by the Kelley Drye firm, the Department of Justice issued a detailed FAQ and guidance on its Bulk Data Access Rule on April 11, 2025. This guidance offered a temporary enforcement reprieve through July 8, 2025, for companies making good-faith efforts toward compliance. 

This rule, rooted in national security concerns, imposes broad obligations on US entities engaged in data transactions, including those common in digital advertising, with significant restrictions on who can access sensitive US data and how.

The Rule specifically targets “data brokerage” involving “bulk US sensitive data,” which includes familiar advertising data such as mobile identifiers, contact details, and health or location information. Transactions with “countries of concern” (e.g., China, Russia, Iran) or “covered persons” are prohibited, with violations subject to criminal prosecution and steep penalties. 

Even transactions with permitted foreign entities require updated contracts that restrict onward transfers and necessitate due diligence to avoid indirect exposure to prohibited parties. Notably, pseudonymized or de-identified data does not escape the Rule’s scope, significantly broadening its reach across the ad tech ecosystem.

This regulation builds upon national security concerns expressed in Executive Order 14117 and the Protecting Americans’ Data from Foreign Adversaries Act (PADFA). While PADFA is enforced by the FTC, the Rule derives its authority from the International Emergency Economic Powers Act and carries heavier consequences, making DOJ enforcement a critical focus.

For risk management professionals, this period offers a vital opportunity to assess exposure. Key priorities include identifying whether current data practices constitute “data brokerage,” evaluating relationships with foreign entities, and amending contracts accordingly. Companies should also implement internal processes to detect and report onward transfer violations. As digital advertising increasingly intersects with national security, proactive risk governance will be essential to maintaining compliance and avoiding costly enforcement.