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Darren J. Abernethy is a data privacy attorney with more than a decade of experience, including in AmLaw 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 advertising technology, privacy, data breach management, and FTC best practices.

Darren's concentrations include the California Consumer Privacy Act (CCPA), the European Union General Data Protection Regulation (GDPR)/ePrivacy, digital advertising, direct marketing, and IP-related transactional matters.

On March 2, 2021, Virginia Gov. Ralph Northam signed the Virginia Consumer Data Protection Act (CDPA) into law, making Virginia the second state to have comprehensive data privacy legislation on the books. The CDPA is similar to the privacy regime enacted under the California Consumer Privacy Act (CCPA) and expanded under the California Privacy Rights

On Feb. 10, 2021, Acting Federal Trade Commission (FTC) Chairwoman Rebecca Kelly Slaughter offered a glimpse of where the FTC may be headed under the Biden administration and confirmed that privacy remains among the Commission’s top priorities.

In her keynote address to the Future of Privacy Forum, Slaughter shared her views on the FTC’s role

In late January, California’s Attorney General (AG) tweeted about the use of the new Global Privacy Control (GPC), informing California consumers that on certain browsers they can use GPC as a “stop selling my data switch” to exercise their right to opt out of the sale of their personal information (PI) in one step –

  1. EEA Cross-Border Transfers. The U.S. and the EU will work towards, and hopefully reach, a cross-border data transfer solution.
  2. Ransomware. More ransomware attacks and increased regulatory scrutiny of companies that pay ransom demands.
  3. Digital Advertising. Development of alternate marketing strategies, and perhaps more reliance on consumer opt-in, as privacy laws further erode traditional tracking

On December 10, 2020, the California Attorney General (AG) released the Fourth Set of Proposed Modifications to the California Consumer Protection Act (CCPA) Regulations, styled as “Modifications to Proposed Modifications.” The Fourth Set comes shortly after the comment period for the Third Set of Proposed Modifications closed on Oct. 28.  Per the AG’s Notice

One week into the final month of what has been a memorable 2020, maintaining an organization’s privacy hygiene is more pressing than ever – and includes new requirements.

From privacy policy updates mandated by the California Consumer Privacy Act (CCPA), to all businesses needing to stay current and non-deceptive in their public disclosures in relation

On Nov. 17, 2020, the Canadian government introduced the Digital Charter Implementation Act, 2020 (DCIA, or Bill C-11), a much-anticipated bill aimed at overhauling the country’s comprehensive private sector data privacy legal regime. As introduced by Minister of Innovation, Science and Economic Development Navdeep Bains, the DCIA would establish a new privacy law

On 12 November 2020 the Commission of the European Union (EU) published two draft implementing decisions – one containing a draft new set of standard contractual clauses for transfers of personal data from the EU to third countries (the Cross-Border SCCs), and one containing a draft of new standard contractual clauses for certain clauses in

* Please note, post publication the EDPB extended the deadline for public comments on the Supplementary Transfer Measures Recommendations to Dec 21, 2020.

On Nov. 11, the European Data Protection Board (EDPB) published Supplementary Transfer Measures Recommendations and Surveillance Recommendations.

Click here to read the full GT Alert, “EDPB Guidance on Supplementary Transfer

With 72% of the vote in, 56.1% of Californians have voted in favor of Proposition 24, making it likely that the California Privacy Rights Act of 2020 (CPRA) will pass. The CPRA – a ballot initiative – will usher in material amendments to the existing California Consumer Privacy Act (CCPA). Proponents have argued that the