Nicola Newitt: the legal case for Data Clean Rooms

Nicola Newitt is a UK qualified lawyer who trained in private practice and worked at Slaughter and May before moving in-house to start her privacy career in Bupa’s international health insurance business. She is now Senior Privacy and Product Counsel at InfoSum, a leading Data Clean Room.

With Nicola we have covered a very hot topic for anyone in the Marketing Technology or AdTech spaces. Our discussion included the following questions:

• Who’s the controller and who’s the processor in a Data Clean Room scenario? Do we have a joint controllership when for instance a publisher or a retailer partners with a consumer brand?

• Which legal basis do we rely on for each of its three main use cases?

• Can different options at data activation level alter our legal approach or safeguards?

• How does an independent Data Clean Room compare to a Walled Garden Clean Room from a privacy point of view?

References:

• InfoSum documentation

• FashionID case

• EDPB Guidelines on targeting of social media users

• EDPB Guidelines on the concept of controller and processor

• Experian vs. Information Commissioner’s Office