Darren J. Abernethy

Darren J. Abernethy is an ad tech, data privacy and cybersecurity attorney with more than fifteen years of experience, including in Am Law private practice in Washington, D.C. and as Senior Counsel at a leading privacy technology vendor. He advises clients on matters related to digital advertising, privacy and data protection law compliance, data breach management, privacy and data security considerations in M&A, artificial intelligence and FTC best practices.

Darren's areas of focus include website and mobile application compliance, the California Consumer Privacy Act (CCPA) and other U.S. federal and state privacy laws, the European Union General Data Protection Regulation (GDPR)/ePrivacy, and technology agreements.

Darren is a member of the International Association of Privacy Professionals (IAPP)’s Publications Advisory Board and is recognized by the IAPP and American Bar Association as a Privacy Law Specialist. He holds IAPP certifications in all 7 areas (Asia, Canada, Europe, Privacy Management, Technology, U.S. Government, and U.S. Private Sector).

Concentrations

•Data-driven marketing, self-regulatory frameworks (DAA, NAI, IAB), cookie compliance, and emerging advertising technologies
•Drafting and negotiating the privacy aspects of commercial agreements, including advertising contracts, data processing agreements, and ToS
•Global privacy programs, policies, and vendor management
•Cross-border data transfers and data sharing agreements
•Product counseling and privacy by design
•Data breach notification laws and state/federal regulator investigations
•Privacy/cybersecurity/IP-related mergers & acquisitions diligence and negotiations
•Representing clients in relation to FTC and state attorneys general investigations in relation to security incidents, COPPA, CAN-SPAM, and deceptive practices

Recognition & Leadership

Awards & Accolades

•Listed, The Legal 500 United States, Media, Technology and Telecoms Cyber law (including data privacy and data protection), 2024-2025
•Listed, Euromoney, Rising Stars, “Rising Star - Americas,” 2020