Data Privacy and Security

ELLKHO advises clients on the U.S. government’s emerging restrictions on cross-border transfers of sensitive U.S. data and foreign access to such data, including under the Department of Justice’s Data Security Program (DSP) and related national security frameworks.

These rules are intended to address national security risks arising from the large-scale transfer of sensitive personal, government-related, or operational data to certain foreign persons or jurisdictions, and increasingly affect transactions, outsourcing arrangements, data hosting, and cross-border business structures.

Our work in this area includes advising on:

Applicability and risk assessments under the DSP and related rules

Whether contemplated transactions, data flows, or outsourcing arrangements implicate U.S. data security restrictions

Structuring and mitigation strategies to address national security concerns relating to data access

Integration of data security considerations into M&A, investments, joint ventures, and commercial arrangements

Engagement with U.S. government agencies on data-related national security issues

SENSITIVE DATA.
NATIONAL SECURITY.
BUSINESS IMPACT.

Clients typically engage us when evaluating transactions involving data-rich businesses, entering into cross-border data processing or hosting arrangements, working with vendors or partners in jurisdictions of concern, or responding to government inquiries regarding data access or transfers.

Personal Data

Government-Related Data

Operational Data

Cross-Border Transfers

National Security Risk

CLIENTS TYPICALLY ENGAGE US WHEN:

Evaluating transactions involving data-rich
businesses

Entering into cross-border data processing or
hosting arrangements

Working with vendors or partners in jurisdictions of concern

Responding to government inquiries regarding data access or transfers

OUR APPROACH

Data Security Risk and Regulatory Structuring

Our approach emphasizes early identification of data-related national security risk and practical structuring solutions that allow clients to move forward while managing regulatory, operational, and reputational exposure.

Data Privacy and Security

Data Security Risk and Regulatory Structuring

Anticipate Risk. Protect Data.Move Forward with Confidence.

Anticipate Risk. Protect Data.
Move Forward with Confidence.