FacultyFaculty/Author Profile
Brian L. Hengesbaugh

Brian L. Hengesbaugh

Baker & McKenzie LLP

Chicago, IL, USA


Brian Hengesbaugh provides advice to a wide range of global online businesses, pharmaceutical companies, health care providers, manufacturers, financial institutions, sourcing providers, retail companies, and other organizations regarding the legal aspects of global privacy and data protection, data security, information technology, and related restrictions on data collection and movement. He focuses on these issues in the context of: data security breach and incident response, global company operations and applications, including websites, mobile, and e-commerce applications; sourcing and corporate transactions; and litigation, internal investigations, and government inquiries.

Mr. Hengesbaugh is Chair of the Firm's Global IT/C Data Security Steering Committee, and a Member of the Firm's Global Privacy Steering Committee. He was recognized as a Regulatory & Compliance Trailblazer by the National Law Journal. He is also listed as a Leading Lawyer for Data Privacy in The Legal 500, listed in Chambers USA and the Computer World Ranking of Top Privacy  Advisors. Formerly Special Counsel to the General Counsel of the US Department of Commerce, Mr. Hengesbaugh 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, Mr. Hengesbaugh 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. Mr. Hengesbaugh 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.

Practice Focus

Mr. Hengesbaugh's practice covers privacy and information management, with emphasis on regulatory and transactional issues, including data security and information technology, privacy and data protection, sourcing, digital and electronic signatures, email and telemarketing, social media, cyber crime, and jurisdiction and the enforcement of foreign judgments.

Professional Honors

  • Leading Lawyer in Technology: Data Protection and Privacy, Legal 500 USA, 2009-2015
  • Regulatory & Compliance Trailblazer, National Law Journal, 2015
  • Recognized in Privacy and Data Security Law, Best Lawyers in America, 2016

Professional Associations and Memberships

  • American Bar Association - International Law Section
  • International Association of Privacy Professionals (IAPP) - Advisory Board Member
Brian L. Hengesbaugh is associated with the following items:
CHB Chapters  CHB Chapters The EU–U.S. Privacy Shield Versus Other EU Data Transfer Compliance Options, Bloomberg BNA—World Data Protection Report: Volume 16, Number 8 (August 2016) - Eighteenth Annual Institute on Privacy and Data Security Law, Thursday, June 15, 2017
Buyer Beware: Merger and Acquisition Diligence Tips to Reduce Data Privacy & Security Risks, Bloomberg BNA—Privacy and Security Law Report, 13 PVLR 1838, (October 27, 2014) - Eighteenth Annual Institute on Privacy and Data Security Law, Thursday, June 15, 2017
2016 Global Data Breach Notification Guide - Eighteenth Annual Institute on Privacy and Data Security Law, Thursday, June 15, 2017
Bloomberg BNA: World Data Protection Report—The EU-U.S. Privacy Shield Versus Other EU Data Transfer Compliance Options; Volume 16, Number 8 (August 2016) - GDPR-Privacy Shield Boot Camp 2017, Friday, October 13, 2017
Privacy Shield Program: Benefits of Participation - GDPR-Privacy Shield Boot Camp 2017, Friday, October 13, 2017
Privacy Shield Overview - GDPR-Privacy Shield Boot Camp 2017, Friday, October 13, 2017
Privacy Shield Framework: Self-Certification - GDPR-Privacy Shield Boot Camp 2017, Friday, October 13, 2017
Privacy Shield Program: Guide to Self-Certification - GDPR-Privacy Shield Boot Camp 2017, Friday, October 13, 2017
Privacy Shield Program: Withdrawal from Privacy Shield - GDPR-Privacy Shield Boot Camp 2017, Friday, October 13, 2017
EU-U.S. Privacy Shield Framework: Key New Requirements - GDPR-Privacy Shield Boot Camp 2017, Friday, October 13, 2017
Privacy Shield Program: Administration of Privacy Shield - GDPR-Privacy Shield Boot Camp 2017, Friday, October 13, 2017
2016 Global Data Breach Notification Guide - GDPR-Privacy Shield Boot Camp 2017, Friday, October 13, 2017
European Commission Guide to the EU-U.S. Privacy Shield (2016) - GDPR-Privacy Shield Boot Camp 2017, Friday, October 13, 2017
Privacy Shield Program: Self-Certification Information - GDPR-Privacy Shield Boot Camp 2017, Friday, October 13, 2017
Letter prepared by the Department of Justice regarding safeguards and limitations on U.S. Government access for law enforcement and public interest purposes (February 19, 2016) - GDPR-Privacy Shield Boot Camp 2017, Friday, October 13, 2017
Web Segment  Web Segment What is Privacy Shield? Is it right for you? - GDPR - Privacy Shield Boot Camp 2017, Thursday, October 12, 2017
Introduction and Legislative Context for GDPR - GDPR - Privacy Shield Boot Camp 2017, Thursday, October 12, 2017
What does GDPR really mean for B2C companies? - GDPR - Privacy Shield Boot Camp 2017, Thursday, October 12, 2017
What does GDPR really mean for B2B companies? - GDPR - Privacy Shield Boot Camp 2017, Thursday, October 12, 2017
MP3 Audio  MP3 Audio What does GDPR really mean for B2C companies? - What does GDPR really mean for B2C companies?, Thursday, October 12, 2017
Introduction and Legislative Context for GDPR - Introduction and Legislative Context for GDPR, Thursday, October 12, 2017
What is Privacy Shield? Is it right for you? - What is Privacy Shield? Is it right for you?, Thursday, October 12, 2017
What does GDPR really mean for B2B companies? - What does GDPR really mean for B2B companies?, Thursday, October 12, 2017
Transcripts  Transcripts Introduction and Legislative Context for GDPR - Introduction and Legislative Context for GDPR, Thursday, October 12, 2017
What does GDPR really mean for B2C companies? - What does GDPR really mean for B2C companies?, Thursday, October 12, 2017
What does GDPR really mean for B2B companies? - What does GDPR really mean for B2B companies?, Thursday, October 12, 2017
MP4 - Mobile Video Seg  MP4 - Mobile Video Seg Introduction and Legislative Context for GDPR - Introduction and Legislative Context for GDPR, Thursday, October 12, 2017
What does GDPR really mean for B2B companies? - What does GDPR really mean for B2B companies?, Thursday, October 12, 2017
What does GDPR really mean for B2C companies? - What does GDPR really mean for B2C companies?, Thursday, October 12, 2017
What is Privacy Shield? Is it right for you? - What is Privacy Shield? Is it right for you?, Thursday, October 12, 2017
On-Demand Web Programs  On-Demand Web Programs GDPR - Privacy Shield Boot Camp 2017, Wednesday, October 18, 2017, San Francisco, CA
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