Defense Department Reviews Technical Data Rights Paperwork
Published Date: 3/27/2026
Notice
Summary
The Department of Defense is renewing its paperwork rules about who owns technical data and software rights in defense contracts. This affects over 46,000 businesses that work with the DoD, requiring them to provide info about their software and data rights. Comments on these rules are open until April 27, 2026, and the paperwork takes about 1.6 hours per response.
Analyzed Economic Effects
6 provisions identified: 0 benefits, 5 costs, 1 mixed.
Large Paperwork Burden on DoD Contractors
If your business works with the Department of Defense, this renewal affects 46,534 respondents and about 427,717 annual responses. Each response takes about 1.6 hours on average (about 9 responses per respondent), for a total annual burden of 703,325 hours; comments are due April 27, 2026.
You Must Identify and Mark Restricted Data
DoD requires offerors and contractors to identify and mark any technical data or computer software that needs protection from unauthorized use, release, or disclosure under DFARS clauses such as 252.227-7013 and in accordance with 10 U.S.C. 3771-3775. This marking obligation applies when you provide data or software with limited rights.
Keep Records to Justify Restrictions
Contractors and subcontractors at any tier must be prepared to furnish written justification for any asserted restriction on the Government's rights to use or release data, per 10 U.S.C. 3781 and DFARS clauses 252.227-7019 and 252.227-7037. You must maintain adequate records and procedures to support those assertions.
Sign Use and Nondisclosure Agreements
When a contractor obtains Government data with less-than-unlimited rights, DFARS 252.227-7025 and 227.7103-7 require submission of a use and nondisclosure agreement before release or disclosure. This must be done unless the recipient is a Government contractor with the clause at 252.227-7025.
Identify Previously Delivered Data
Offerors must identify any technical data or computer software previously delivered to the Government under any contract, per DFARS 252.227-7028. DoD uses this to avoid paying again for rights the Government already owns.
DoD May Share Limited Rights Data Externally
Under 10 U.S.C. 3771(b)(4), DoD may disclose limited rights data to persons outside the Government or allow their use of it if the recipient agrees not to further release, disclose, or use the data. DFARS clauses require contractors to mark such data and recognize this possible sharing.
Your PRIA Score
Personalized for You
How does this regulation affect your finances?
Sign up for a PRIA Policy Scan to see your personalized alignment score for this federal register document and every other regulation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-09067 — Defense Federal Acquisition Regulation Supplement: Mitigating Risks Related to Foreign Ownership, Control, or Influence (DFARS Case 2021-D011)
The Department of Defense is updating rules to make sure companies working with them reveal if they’re owned or controlled by foreign folks. This helps keep our defense projects safe from hidden foreign influence. If you’re a contractor or subcontractor, get ready to share ownership info by July 6, 2026, or risk delays in your contracts.
2026-09038 — Defense Federal Acquisition Regulation Supplement: Disclosure of Greenhouse Gas Emissions (DFARS Case 2024-D021)
Starting May 7, 2026, the Department of Defense won’t make most new defense contractors share their greenhouse gas emissions unless it’s really needed for the contract. This change helps nontraditional contractors avoid extra paperwork, but DoD can still ask for info if it’s directly tied to the job. It’s a smart move to keep things fair and focused without slowing down important defense work.
2026-12825 — Defense Federal Acquisition Regulation Supplement: Small Purchase Exception for the Acquisition of U.S. Flags (DFARS Case 2024-D013)
The Department of Defense is updating its rules to make sure all U.S. flags they buy are made right here in America. This change affects anyone selling flags to the DoD and tightens the rules on small purchases to support American jobs. Comments on this proposed rule are open until August 24, 2026, so get ready to share your thoughts!
2026-12826 — Defense Federal Acquisition Regulation Supplement: Certification Requirement for Military Recruitment Advertising (DFARS Case 2024-D022)
This new rule affects companies that create ads to help the military find recruits. They now have to prove their ads meet certain standards before getting contracts. This change starts soon and helps make sure military recruitment ads are clear and honest, with no extra costs expected.
2026-11150 — Information Collection Requirement; Organizational Conflicts of Interest in Major Defense Acquisition Programs
The Department of Defense is asking to keep collecting info from companies involved in big defense projects to spot any conflicts of interest. This helps make sure contracts are fair and honest. Businesses affected should know this info collection is set to continue for three more years, with comments open until August 3, 2026.
2026-10731 — Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Subcontracting Policies and Procedures
The Department of Defense wants to keep collecting info from businesses about their subcontracting policies to make sure everything runs smoothly. This info collection is up for renewal and will continue for another three years if approved. If you’re a business involved with DoD contracts, get ready to keep sharing your info, with no big changes or extra costs expected.
Previous / Next Documents
Previous: 2026-05934 — Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Segal Education Award-Related Information Collection Requests
AmeriCorps is renewing three important forms tied to the Segal Education Award, like the voucher and payment request forms. If you use these forms, now’s your chance to share feedback by April 27, 2026. This update aims to keep things clear and easy without adding extra hassle or costs for users.
Next: 2026-05936 — Data Collection Available for Public Comments
The Small Business Administration (SBA) is asking for your thoughts on how it collects info from small business investment companies. This helps make sure these companies follow the rules, and you have 30 days to share your comments before April 27, 2026. About 323 companies are involved, and the process won’t cost extra money but takes some time to complete.