Profilo
Darren J. Abernethy is a data privacy, advertising technology and artificial intelligence (AI) attorney with nearly two decades of legal experience at Am Law 100 law firms in Washington, D.C. and San Francisco and in-house at a leading privacy technology vendor. He advises clients on matters related to data-driven marketing, privacy law compliance, regulatory investigations, cross-border data transfers, privacy policy development and technology contracting, and privacy and data security considerations in M&A.
Darren frequently works with legal, marketing, product, information security, and engineering teams to translate emerging legal requirements into practical technical and operational controls. His experience encompasses websites, mobile applications, connected television, advertising and analytics technologies, AI-enabled products, consent management, data licensing, and the collection and use of sensitive personal information.
Darren has served on the International Association of Privacy Professionals (IAPP)’s Publications Advisory Board since 2020 and is recognized by the IAPP and American Bar Association as a Privacy Law Specialist. He holds IAPP certifications in each available subject area and has earned the IAPP’s Artificial Intelligence Governance Professional (AIGP) credential.
Concentrations
- S. state and global privacy law compliance programs, GDPR/ePrivacy compliance, consumer rights processes, opt-out/-in approaches, COPPA/children’s privacy, and vendor management
- Regulatory investigations and enforcement involving the FTC, California Privacy Protection Agency, state attorneys general, and financial services regulators
- Digital advertising, connected television (CTV), data-driven marketing, and ad tech self-regulatory frameworks (DAA, NAI, IAB/IAB Europe), including negotiating advertising agreements and technology transactions involving same
- AI governance, AI product counseling, AI agents and agentic systems, AI vendor reviews, and AI contracting
- Cross-border data transfers and the DOJ Data Security Program under Executive Order 14117
- Website and mobile application tracking technologies, including cookies, pixels, SDKs, session replay, tag management systems, consent management platforms, and Global Privacy Control deployments
- CIPA/state wiretapping laws and risk mitigation
- State data broker registration and compliance, including the California Delete Act and DROP mechanism, as well as related data licensing matters
- Biometric information, precise geolocation, consumer-health information, employee data, age assurance, and other sensitive data requirements
Competenze
Esperienze Professionali - Attività Accademiche
- Represented a national retailer in a California Privacy Protection Agency enforcement investigation and settlement process, including responses to investigative subpoenas, presentations and negotiations with enforcement staff, and assistance in relation to websites, mobile application tracking technologies, consent management tools, Global Privacy Control, and employee and loyalty program privacy disclosures.
- Led key advertising technology and technical workstreams for a consumer health technology company responding to an FTC civil investigative demand (CID) following a security incident, including reconstructing data flows, reviewing third-party advertising contracts and responding to various regulator evidentiary requests.
- Counsel a global mobile advertising platform on cross border, controller-to-controller data terms and demand-side platform partner negotiations under Brazil’s LGPD.
- Represented international commerce brands and national insurance companies in cybersecurity investigations involving the New York Attorney General, New York Department of Financial Services, and other state attorneys general, including negotiating proposed assurances of discontinuance and consent order provisions.
- Counsel companies across the retail, hospitality, technology, entertainment, health, and consumer services sectors in responding to CIPA and related website-tracking claims involving advertising pixels, session replay tools, chatbots, third-party cookies, and pen register theories, as well as implementing consent and tracking technology risk mitigation measures.
- Develop and revise AI governance and security policies, generative AI acceptable use policies, AI vendor review standards, contract review checklists, product disclosures, early adopter agreements, and licensing terms for AI-enabled products and services.
- Advise global logistics companies, connected TV operating systems, and others on the DOJ “Bulk Data Transfer” Data Security Program and Executive Order 14117, including assessing prohibited and restricted transactions, potential exemptions, cross border employee and customer support access, contractual restrictions, CISA security requirements, and operational compliance plans.
- Advise a global consumer intelligence company on data licensing arrangements, data commercialization, deidentification, consent, and compliance with state data broker laws.
- Design multi-state biometric privacy programs for employers deploying fingerprint and facial recognition systems, including consent forms, retention and destruction policies, vendor and staffing agency agreements, employee request responses, cross border access restrictions, and related litigation considerations.
- Advise global video gaming and app developers on monetization strategies, contractual protections, loyalty programs, and strategic programmatic advertising partnerships.
- Lead data privacy, IT and cybersecurity diligence, negotiations and interfacing with deal partners and representations and warranties insurance underwriters for hundreds of mergers and acquisitions deals and other fundamental corporate transactions.
- Advise companies on Telephone Consumer Protection Act (TCPA) compliance matters in relation to the sending of messages and telephone calls through an auto-dialer, including in relation to HIPAA, state call recording statutes, the CAN-SPAM Act, “Do Not Call” requirements, lead generation rules, AI transparency laws, and local equivalents to the TCPA.
- International Association of Privacy Professionals (IAPP) Artificial Intelligence Governance Professional Certification (AIGP), 2026
- 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
Riconoscimenti e Premi
- 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
- 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
Formazione
- Diploma di maturità, magna cum laude, Duke University
- Laurea magistrale in Giurisprudenza, College of William and Mary, Marshall-Wythe School of Law
- California
- New York
- District of Columbia
- Francese
News, Pubblicazioni, Convegni
Darren is a contributor to the Data Privacy Dish Blog 
Darren is regularly quoted regarding privacy, data security, and digital advertising matters in a range of publications including Forbes, Media Post, MarTech Today, Search Engine Land, eSecurity Planet, CMSWire, DZone, WARC Plus, and ITPro.