Photo of Darren Abernethy

Darren Abernethy

Darren J. Abernethy is an ad tech, data privacy and cybersecurity attorney with more than a decade of experience, including in Am Law private practice in Washington, D.C. and as in-house counsel at startups and a leading privacy technology vendor. He advises clients on matters related to digital advertising, privacy law compliance, data breach management, M&A, and FTC best practices.

Darren's concentrations include data-driven marketing campaigns, the California Consumer Privacy Act (CCPA) and other U.S. state privacy laws, the European Union General Data Protection Regulation (GDPR)/ePrivacy, direct marketing, and IP-related transactional matters.

Data brokers who offered brokerage services in California in 2025 must register or re-register their status with the state’s data broker registry by Jan. 31, 2026. 

In-scope companies that fail to do so may be liable for administrative fines or even reasonable expenses incurred by the CalPrivacy regulator in investigating and bringing an administrative action

On Sept. 23, 2025, the California Privacy Protection Agency (CPPA) announced that the state’s Office of Administrative Law (OAL) had formally approved the CPPA’s wide-ranging package of revised and new California Consumer Privacy Act (CCPA) regulations.
Continue Reading Revised and New CCPA Regulations Set to Take Effect on Jan. 1, 2026 – Summary of Near-Term Action Items

On Sept. 3, 2025, in a much-anticipated legal decision, the European General Court (EGC) rejected the request of a French member of Parliament to annul the EU-U.S. Data Privacy Framework (DPF or Framework). 

Although this decision reinforces that U.S. organizations that have self-certified as to their adherence to the DPF principles may continue to receive

The California Privacy Protection Agency (CPPA) Board met on July 24, 2025, and advanced several key initiatives with direct implications for businesses operating in California.

The meeting focused on finalizing regulations pertaining to automated decision-making, risk assessments, and cybersecurity audits; advancing the California Delete Act’s Delete Request and Opt-Out Platform (DROP) rulemaking applicable to data

On the heels of the California Attorney General’s largest California Consumer Privacy Act-related settlement yet, the Connecticut Office of the Attorney General has announced its first public enforcement action under the Connecticut Data Privacy Act (CTDPA).
Continue Reading Connecticut AG Fines Ticket Marketplace in State’s First CTDPA Privacy Law Enforcement Action

The California Attorney General and Los Angeles City Attorney last week jointly settled an enforcement action against a mobile gaming company (“the Company”) for alleged violations of the Children’s Online Privacy Protection Act (COPPA), the California Consumer Privacy Act (CCPA), and the state’s Unfair Competition Law. The city and

In a potentially significant development for companies subject to the California Consumer Privacy Act, as amended (CCPA), on Feb. 9, California’s Third District Court of Appeal overturned a Superior Court decision issued in June 2023 that had stayed the enforcement of new CCPA regulations finalized by the California Privacy Protection Agency (CPPA), first-in-the-nation privacy regulator

On July 10, 2023, the European Commission (EC) adopted its long-awaited adequacy decision for the United States, resulting in the new EU-U.S. Data Privacy Framework (DPF or Framework). For more information, see our European Commission Adopts EU-U.S. Adequacy Decision blog post.

Qualified Adequacy Decision for the United States. Typically, EC

Following on the heels of a California Superior Court’s last minute ruling that stayed enforcement of the revised California Consumer Privacy Act (CCPA) regulations, as previously discussed on this blog, California’s data privacy regulators have responded in ways that confirm they are more committed than ever to holding businesses accountable for alleged violations

On June 30, 2023, the Superior Court for the County of Sacramento issued a minute order enjoining the California Privacy Protection Agency (CPPA or Agency) from enforcing updates to the existing CCPA regulations until March 29, 2024, twelve months after they were finalized.  However, the Agency’s enforcement of the CCPA,  as now amended by the California