Federal agencies begin enforcing TikTok removal

      Agencies have begun enforcing Congress’ ban on TikTok in federal information technology systems and on contractor systems that are significantly interacting with federal IT systems.

      As directed by Congress, the Office of Management and Budget (OMB) issued a memo with requirements to carry out the ban, and contractor deadlines that started on May 28.

      The OMB memo stated that the TikTok ban covers IT owned or operated by federal agencies, and also IT used by a contractor in a federal contract that requires the use of that IT.

      The requiring of that IT may be explicit or it may also include IT used "to a significant extent in the performance of a service or the furnishing of a product," the OMB memo stated.

      It does not apply to “incidental” company IT equipment.

Compliance deadlines:

      The OMB memo further provides that by May 28, agencies were to have ensured that no new contracts include use of TikTok; and agencies must have stopped using contracts that rely on TikTok.

      Federal contractors must ensure that TikTok is removed from all their IT systems, that TikTok cannot be downloaded or accessed on any company IT and that any use of TikTok going forward can be identified, according to an analysis by Holland & Knight law firm.

      The memo pertains only to IT for federal contracts. But Holland & Knight advises that all contractor IT meets the requirements because IT “is often fluid and not easily segregated.”

      Also, an interim rule was released, effective June 2, implementing the TikTok ban for future IDIQ contracts and contract extensions.

More information:
OMB memo: https://tinyurl.com/2p8mpkvf
Holland & Knight: https://tinyurl.com/4npbdfwk
Interim rule: https://tinyurl.com/36bp74jh

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