Marking Commercial Technical Data After FlightSafety

There is no law or regulation instructing contractors how to mark commercial technical data delivered to the Department of Defense (DoD). Yet the DoD Federal Acquisition Regulation Supplement (DFARS) is quite clear that contractors and their suppliers must mark such data to protect them; if unmarked, the U.S. government and third parties may use and disclose data without restriction, and DoD contracts include a mandatory release of liability for such disclosure.

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