THE DSP IS ABOUT DATA NOT JUST INDUSTRY
HOW THE DSP IMPACTS SPECIFIC INDUSTRIES
HEALTHCARE & HEALTH TECHNOLOGY
POTENTIALLY RELEVANT DATA:
Personal health data; biometric identifiers; genetic/genomic data; identifiers; patient records.
POTENTIAL TRANSACTIONS:
Foreign vendors; cloud providers; offshore employees; data licensing; research; investment; M&A.
"Could a foreign party gain access to large amounts of sensitive patient or health-related data?"
BIOTECH, PHARMACEUTICALS & LIFE SCIENCES
POTENTIALLY RELEVANT DATA:
Genomic data; omic data; biospecimen info; health data; biometric info; research participant info.
POTENTIAL TRANSACTIONS:
Research collaborations; foreign investment; licensing; data-sharing; clinical relationships; vendors; M&A.
"Could our research, genomic, or health data create a DSP issue when we work with a foreign party?"
FINANCIAL SERVICES & FINTECH
POTENTIALLY RELEVANT DATA:
Personal financial data; identifiers; identity info; account info; transaction info.
POTENTIAL TRANSACTIONS:
Foreign tech vendors; offshore support; cloud providers; analytics; investment; M&A; data-sharing.
"Does our relationship with a foreign vendor or investor give access to enough sensitive financial data to trigger DSP concerns?"
TECHNOLOGY, AI & SOFTWARE
POTENTIALLY RELEVANT DATA:
Large datasets; precise geolocation; biometric; identifiers; health/financial data; AI training data.
POTENTIAL TRANSACTIONS:
Foreign developers; cloud providers; AI partnerships; licensing; vendor agreements; investment; M&A.
"Could our data, AI system, vendor relationship, or foreign investment create a DSP issue?"
ADTECH, DATA BROKERS & DIGITAL PLATFORMS
POTENTIALLY RELEVANT DATA:
Identifiers; precise geolocation; behavioral info; demographic info; aggregated data.
POTENTIAL TRANSACTIONS:
Data brokerage; licensing; advertising relationships; platform arrangements; foreign purchasers/vendors.
"Are we selling, licensing, sharing, or facilitating access to data in a way that could be treated as data brokerage?"
TELECOMMUNICATIONS & CONNECTIVITY
POTENTIALLY RELEVANT DATA:
Geolocation; subscriber info; identifiers; sensitive data.
POTENTIAL TRANSACTIONS:
Foreign vendors; infrastructure providers; tech arrangements; foreign ownership; data access.
Important: DSP contains specific exemptions. A transaction must be analyzed.
CLEAN ENERGY, CLIMATE TECH & UTILITIES
POTENTIALLY RELEVANT DATA:
Geolocation; employee info; customer info; workforce data; infrastructure data.
POTENTIAL TRANSACTIONS:
Foreign vendors; investors; joint ventures; cloud providers; remote access; M&A.
A clean-energy company should not assume the DSP is irrelevant simply because it is not a healthcare, financial, or technology company.
EMPLOYERS, HR & WORKFORCE PLATFORMS
POTENTIALLY RELEVANT DATA:
Employee identifiers; sensitive info; health data; biometric; geolocation.
POTENTIAL TRANSACTIONS:
Foreign employees; offshore HR; payroll vendors; HR tech; employee monitoring; remote access.
"Does a foreign employee, contractor, or vendor have access to data that could create a restricted transaction?"
TRAVEL, HOSPITALITY & LOCATION-BASED BUSINESSES
POTENTIALLY RELEVANT DATA:
Precise geolocation; identifiers; financial info; customer info; travel data.
POTENTIAL TRANSACTIONS:
Foreign tech providers; analytics; location services; advertising; vendors.
"Does the location data our business collects or makes accessible fall within a DSP-regulated category?"
DEFENSE, GOVERNMENT CONTRACTORS
POTENTIALLY RELEVANT DATA:
Geolocation linked to gov locations; sensitive data linked to gov employees/contractors; gov-related data.
POTENTIAL TRANSACTIONS:
Foreign vendors; foreign ownership; subcontractors; cloud; employment; investment; supply-chain.
"Does our government relationship or the data we hold create a government-related data issue under the DSP?"
UNIVERSITIES & RESEARCH INSTITUTIONS
POTENTIALLY RELEVANT DATA:
Genomic/omic data; health data; biometric; student/research-participant info.
POTENTIAL TRANSACTIONS:
International research; collaborators; data-sharing; licensing; vendors; investment.
Important: DSP contains specific exemptions for research. The question is whether the specific transaction falls within the rule.