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Brian Hengesbaugh

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Brian Hengesbaugh is chair of the Firm's Global Data Privacy and Security Business Unit, a Member of the Firm's Global IP Tech Steering Committee, and a Member of the Firm's Financial Institutions' Group. Brian is listed in The Legal 500 Hall of Fame and was recognized as a Regulatory & Compliance Trailblazer by the National Law Journal. He is also listed as a Leading Lawyer for Cyber law (including data protection and privacy) in The Legal 500 and is listed in Chambers. Formerly Special Counsel to the General Counsel of the US Department of Commerce, Brian played a key role in the development and implementation of the US Government’s domestic and international policy in the area of privacy and electronic commerce. In particular, he served on the core team that negotiated the US-EU Safe Harbor Privacy Arrangement (Safe Harbor), and earned a Medal Award from the US Department of Commerce for this service. In addition, Brian participated on behalf of the United States in the development of a draft Council of Europe Treaty on Cyber Crime, and in the negotiation of a draft Hague Convention on Jurisdiction and the Recognition of Foreign Judgments. Brian has been quoted in the Wall Street Journal, New York Times, Forbes, CNET, Slate Magazine, Compliance Weekly, BNA Bloomberg, PCWorld and other news publications on global privacy and security issues.

Our latest edition covers 39 jurisdictions, answering five common data privacy and security questions employers may have in light of COVID-19. As the world grapples with the COVID-19 pandemic and its profound impact across regions and industries, many companies are facing difficult business and legal challenges and are required to…

Data Transfers: Derogations for specific situations (Art. 49 GDPR) In the context of the “Schrems II case,” we continue our analysis of alternative vehicles allowing the transfer of personal to third countries outside the European Economic Area. In previous papers, we focused on Binding Corporate Rules (BCR) as alternatives to…

April 3 update: Our latest edition includes updates for 12 jurisdictions in EMEA, Latin America and Asia Pacific. As COVID-19 continues to quickly spread across the globe and has officially been declared a pandemic, many companies are facing difficult business and legal challenges and are required to make some urgent…

Many employers in the US are grappling with appropriate efforts to contain and protect the workforce against COVID-19. Those efforts include employee and visitor screening activities that range from requiring all personnel to provide an affirmation upon admission to a worksite to taking vital signs or other hands-on screenings. But…

Schrems II case – the data importer perspective Following our previous analysis of the consequences of the opinion of the advocate general Hendrik Saugmandsgaard Øe (a.g.) in the Schrems II case, from the data exporter perspective (available here), we now focus on the implications of the same with respect to…

Schrems II case – the data importer perspective Following our previous analysis of the consequences of the opinion of the advocate general Hendrik Saugmandsgaard Øe (a.g.) in the Schrems II case, from the data exporter perspective (available here), we now focus on the implications of the same with respect to…

The European Union Commission (“Commission”) has issued a report on its findings from the third annual Privacy Shield review, which took place in September. In its report, the Commission confirmed that the EU-US Privacy Shield framework continues to ensure an adequate level of protection for personal data transferred from the…

Data has gone global. Whether you’re operating in one country or worldwide you need to know the local and international rules, regulations and risks that will affect your business. We are bringing together members of our global Data Protection and Security Team from London, EU, and the US to update…