About 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

 

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Services

Areas of Law

  • Other 9
    • Data Privacy & Cybersecurity
    • Intellectual Property & Technology
    • Technology Transactions
    • Innovation & Artificial Intelligence
    • Digital Infrastructure
    • Marketing, Advertising, Sweepstakes & Promotions Law
    • Technology, Media & Telecommunications
    • Video Games & Esports
    • Restaurant Industry

Practice Details

  • Languages
    French
  • Firm Information
    Position
    Shareholder
    Firm Name
    Greenberg Traurig, LLP
  • Representative Cases & Transactions
    Cases
    Experience: Representative Matters: Counsel a wide range of businesses on U.S., Canadian,
    European privacy law compliance, employee privacy,
    data protection, including mobile app developers, advertising networks, video game makers, retail
    e-commerce leaders, bioscience firms, real estate developers, education technology providers, nationwide movie theatre chains, Internet infrastructure providers, global electronics manufacturers
    cryptocurrency platforms.
    Advise global video gaming
    app developers on monetization strategies, contractual protections, loyalty programs,
    strategic programmatic advertising partnerships.
    Assist website
    mobile application publishers regarding identity, contextual,
    first-party solutions in relation to the deprecation of third-party cookies.
    Clarifying the California Consumer Privacy Act, EU General Data Protection Regulation, HIPAA,
    other sector-specific laws as applied to website
    mobile app advertising technologies.
    Assist dietary supplements company integrate generative artificial intelligence into acceptable employee practices
    for use in website searches.
    Coordinate data breach management, response,
    notification for companies in the health-device, global retail, CBD, health care,
    other sectors.
    Drive privacy
    data security-focused due diligence in numerous mergers & acquisitions
    fundamental corporate transactions.
    Offer product counsel advice to a leading privacy technology vendor in relation to consent management, direct marketing tools,
    individual rights management.
    Advise global clothing retailer on digital marketing strategies in alignment with the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), Canada's Anti-Spam Law (CASL),
    the nuances of local implementations of the EU ePrivacy Directive.
    Revise geolocation-based services code of conduct for a leading wireless trade association.
    Professional Certifications: International Association of Privacy Professionals (IAPP) Privacy Certifications
    U.S. Private-Sector (CIPP/US), 2014
    Certified Information Privacy Manager (CIPM), 2015
    Certified Information Privacy Technologist (CIPT), 2016
    IAPP Fellow of Information Privacy (FIP), inaugural class 2016
    Asia (CIPP/A), 2017
    Canada (CIPP/C), 2017
    Europe (CIPP/E), 2017
    U.S. Government (CIPP/G), 2018
    IAPP-ABA Privacy Law Specialist, inaugural class 2019
  • Additional Links

Experience

  • Bar Admission & Memberships
    Admissions
    2015, California
    New York
    District of Columbia
    Memberships

    Professional & Community Involvement

    •Member, IAPP Publications Advisory Board, 2020-Present
    •Member, Future of Privacy Forum, Location & Ad Practices Working Group, 2017-Present
    •Member, Digital Advertising Alliance, Program Advisory Committee, 2019-2020
    •Member, Board of Directors, Duke Law Club of Northern California, 2016-Present
    •Hackathon Judge/Panelist, OneTraction, 2016-Present

  • Education & Certifications
    Law School
    College of William and Mary, Marshall-Wythe School of Law
    Class of 2008
    J.D.
    Lead Articles Editor, William and Mary Law Review; Co-Editor, Basic Virginia Law for Non-Lawyers
    Other Education
    Duke University
    Class of 2004
    B.A.
    magna cum laude; Phi Beta Kappa

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Attorneys FAQs

  • What year was this attorney first admitted to the bar?
    Darren J. Abernethy was admitted in 2015 to the State of California.
  • How many attorneys are in this law firm?
    Greenberg Traurig, LLP has 2750 attorneys at this location.
  • What year was this attorney's law firm established?
    Greenberg Traurig, LLP was established in 1967.