Daniel A. Pepper

Partner

Philadelphia
T +1.215.564.2456
F +1.215.568.3439

Overview

Utilizing 25 years of comprehensive experience in information technology, data privacy and cybersecurity law, Dan Pepper advises clients on proactive data security practices, data breach incident response, and regulatory compliance. He frequently handles security incidents and has interacted with federal and state agencies and forensic service providers, overseen investigations, and designed post-incident response notification and remediation plans. In addition to his incident response work, Dan provides compliance support on applicable security laws, PCI-DSS, and security audit standards such as the NIST. He also facilitates in-depth security incident simulations.

Dan is highly knowledgeable in identifying, evaluating and managing risks associated with privacy and information security practices. Additionally, he stays on top of industry trends and applicable state, federal and international privacy and data security laws, including the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), California Online Privacy Protection Act (CalOPPA), and the China Cybersecurity Law.

Dan also has experience handling technology transactions, primarily working with clients in the telecommunications and software sectors. He is proficient at structuring complex technology acquisitions, licensing and distribution arrangements, as well as cloud-based/SaaS transactions. With his deep industry knowledge, Dan has drafted and negotiated thousands of technology and intellectual property-based transactions totaling over $5 billion.

Drawing from his time in leadership roles at multinational telecommunications conglomerates, Dan provides clients with comprehensive legal and business advice while assisting in developing data security procedures, protections and breach response governance that fit their unique goals.

Select Experience

Privacy & Data Security Compliance | Information Governance
  • Reviews products, applications, and business initiatives and practices (including, data use, big data, social media, marketing, and advertising campaigns) to identify potential privacy and security issues, recommending solutions for compliance with policy and legal requirements across all business unit operations.
Security Incident Response
  • Prepares cyber incident response plans for potential breaches, including protocols for managing investor relations, press releases, communications with regulators/law enforcement, and public disclosures following a cyber incident.
Information Technology and Transactions
  • Manages complex technology transactions on both the vendor side and the customer side, drafting and negotiating multiparty contracts and outsourcing agreements from the RFP through follow-up compliance assessments.
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Experience

Privacy & Data Security Compliance | Information Governance
  • Reviews products, applications, and business initiatives and practices (including, data use, big data, social media, marketing, and advertising campaigns) to identify potential privacy and security issues, recommending solutions for compliance with policy and legal requirements across all business unit operations.
  • Designs, implements and maintains data governance and compliance programs and drafts supporting materials (including policies, privacy impact assessments, standards, consumer messaging, guidance materials, and awareness and training materials) relating to privacy, data use, and consumer protection.
  • Devises privacy and information security awareness programs and training modules for personnel, typically deploying a multi-tiered, risk-based approach to account for varying degrees of employee access to, and responsibility for, sensitive data.
  • Advises on IP, data privacy and protection, and industry-specific issues on M&A, financing and other corporate transactions (e.g., due diligence, issue identification, the drafting of APA/merger agreement provisions, and counseling on warranty and indemnity issues).
  • Develops and implements CCPA and EU GDPR compliance programs for U.S. and international organizations, which includes advising clients on data mapping, data transfer mechanisms, data subject request response and procedures, data protection impact assessments/privacy impact assessments, recordkeeping, the appointment of privacy officers and representatives, and employee training
  • Develops and implements third party cyber risk management programs to assist clients identify compliance and control gaps with third parties that access sensitive and personal information, and to incorporate comprehensive contractual information security provisions and assessment mechanisms.
  • Conducts data and risk assessments to help clients establish “reasonable security” and appropriate “technical and organizational measures” pursuant to the CCPA, EU GDPR, FTC regulations, and other federal and state regulatory requirements.
Security Incident Response
  • Prepares cyber incident response plans for potential breaches, including protocols for managing investor relations, press releases, communications with regulators/law enforcement, and public disclosures following a cyber incident.
  • Manages cross-functional legal and business groups within client organizations to determine privacy and security objectives, and advises on the impact of the clients’ data privacy and security legal and operational strategies.
  • Conducts in-house security training and tabletop exercises to build awareness and help companies prepare to effectively and efficiently manage data security threats and incidents.
Information Technology and Transactions
  • Manages complex technology transactions on both the vendor side and the customer side, drafting and negotiating multiparty contracts and outsourcing agreements from the RFP through follow-up compliance assessments.
  • Negotiates information privacy and security based commercial transactions and counsel in the areas of business intelligence, advanced advertising, intellectual property and e-commerce for telecommunications and entertainment technologies, as well as businesses and product development.
  • Represented a telecommunications and cable provider in its multimillion-dollar, multi-party, cloud and software services agreements.
  • Represented several technology product and service start-ups as sole outside counsel, helping to grow them from inception to over $100 million in annual revenue.
  • Develops standard services agreements for IT service providers (e.g., cloud, SaaS, platform usage, data analytics, advertising technologies and payment processing, and website, mobile app and video game development) and negotiates such agreements on both vendor and customer sides.
  • Negotiated over-the-top television channel deals for content and commerce companies on various streaming and smart TV platforms.

Recognitions and Memberships

Recognitions

  • Certified Information Privacy Professional/US (CIPP/US)

Memberships

  • International Association of Privacy Professionals: Board Member
  • Rutgers University Big Data Advisory Board: Board Member
  • Superior Court of New Jersey: New Jersey Rule 1:40 Qualified Mediator
  • Association of Technology Procurement Professionals
    • CAUCUS: Senior Advisor
  • American Corporate Counsel Association
  • New Jersey Corporate Counsel Association

Community

  • Philadelphia Lawyers for the Arts: Volunteer Attorney
  • Street Law: Volunteer Attorney

Prior Positions

  • University of Pennsylvania Law School: Adjunct Professor (2017 to Present)
  • Comcast: Vice President, Deputy General Counsel, Deputy Privacy Officer (2016 to 2019)
  • Verizon Communications: Assistant General Counsel, Information Technology, Information Security, Global Clearance and Compliance (2014 to 2016)
  • Pepper Law Group LLC: Founder, Managing Member (2006 to 2014)
  • BEA Systems, Inc.: Regional Counsel (2000 to 2006)
  • Oracle Corporation: Corporate Counsel (1999 to 2000)

Admissions

  • U.S. District Court, District of New Jersey
  • U.S. District Court, Western District of Pennsylvania
  • New Jersey
  • New York
  • Pennsylvania

Education

  • The Tuck School of Business, Dartmouth College, SCTE Executive Leadership Program, 2018
  • J.D., Duquesne University School of Law, 1994
  • B.A., Political Science, Rutgers University, 1991

Blog

In The Blogs

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Data Privacy Monitor
Just When You Thought It Was Safe to Go Back into the Water – CCPA 2, the Sequel
By Alan L. Friel, Daniel A. Pepper
October 21, 2019
If you’ve been feeling encouraged about your company’s preparation for the California Consumer Privacy Act’s (CCPA) launch on January 1, 2020, you may not want to breathe a sigh of relief just yet. Alastair Mactaggart, the founder and...
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Data Privacy Monitor
Just How Far Does California's New IoT Security Law Reach?
By Daniel A. Pepper
September 13, 2019
On January 1, 2020, California’s new Internet of Things (IoT) Security Law goes into effect. The law is the first IoT-specific security law in the United States and, simply put, requires all IoT devices sold in California to be equipped...
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