Data Clean Rooms (DCRs) have emerged as an important tool for advertisers and publishers to share data in a manner that better aligns with consumer privacy expectations. These platforms can empower brands and publishers to synthesize data for various purposes (e.g., measurement, and campaign planning), but significant compliance challenges remain. This panel and breakout session will explore ways to utilize clean room technology and address the legal challenges that come with it:
- De-identification. What data, if any, reasonably constitutes de-identified data?
- Sale/Sharing/Targeted Advertising. Is disclosing personal data to a clean room a “sale” or constitute a “share” for “cross-context behavioral advertising” (CCBA)?
- Consent/Opt-Out Signaling. How to enable privacy consent and opt-out signaling in clean rooms?
- Permitted Purposes. What are the purposes (e.g., AI model training, debugging, auditing) for which clean room providers are permitted to use the data?
- Due Diligence. What due diligence should be performed of participants and clean room providers as it relates to clean rooms?
- Contract. What is the best contractual relationship among clean room providers and participants that is consistent with state privacy laws?
- Use of AI. How are the automated decision-making requirements applicable to clean rooms?
