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FTC Warns Data Brokers on PADFAA Foreign Data Sales Ban

Data BrokersFebruary 9, 2026Federal Trade Commission

Summary

The Federal Trade Commission (FTC) sent warning letters to 13 data brokers reminding them of their obligations under the Protecting Americans’ Data from Foreign Adversaries Act (PADFAA). PADFAA prohibits data brokers from selling or providing sensitive personal data about Americans to foreign adversaries such as China, Russia, Iran, and North Korea. The letters warn that violations could result in civil penalties of up to $53,088 per violation and urge companies to review their business practices for compliance.

Contract Impact

In-house legal teams should review all vendor and data processing agreements where the company acts as a data broker or shares data with third parties, particularly those involving international transfers. Specific clauses to scrutinize include data sharing/transfer provisions, definitions of sensitive data, compliance with laws, prohibited destination lists, and audit rights. Changes may be needed to explicitly incorporate PADFAA's prohibitions on selling or providing sensitive personal data to foreign adversaries (China, Russia, Iran, North Korea), update data classification schemas to match PADFAA's definition (including health, financial, biometric, geolocation, etc.), add representations and warranties regarding non-disclosure to adversarial nations, and implement enhanced monitoring and termination rights for potential violations.

Contract Search Terms

sensitive personal data definitionforeign adversary listdata broker agreementPADFAA compliance clausedata transfer restrictionsnational security dataprohibited destinationsdata processing addendumsensitive data classificationdata sharing limitations

Laws Cited

Protecting Americans’ Data from Foreign Adversaries Act of 2024 (PADFAA)

Violation Types

Entity Details

Entity

Data Brokers

Industry

Data Broker

Official Sources

Related Enforcement Actions

CA

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CPPA

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The California Privacy Protection Agency (CalPrivacy) announced the creation of a Data Broker Enforcement Strike Force to investigate privacy violations by data brokers. The strike force will focus on compliance with the Delete Act's registration requirement and the CCPA, building on previous enforcement actions. This initiative aims to hold data brokers accountable and protect Californians' personal information.

CA

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