Navigating the Data Minefield

Cathy Lueders (Mastercard, USA)

Famed mathematician and entrepreneur in the field of data science, Clive Humby, once said, “Data is the new oil!” In the world of brands, marketers and advertisers see the power of data; they understand how data has become the basis for all their decision-making. However, for brand legal professionals to effectively protect their brands and serve their clients, they too must now also understand and interact with data.

INTA’s 2023 New York Conference, titled, The Business of Data: Innovation, Regulation, Security, and Ethics, takes place from March 22 to 23, in midtown Manhattan. This conference program is designed to help brand professionals navigate today’s complicated regulatory landscape in the space of data, cybersecurity, and privacy.

Here, we speak with The Business of Data Conference Co-Chair Cathy Lueders, SVP, Assistant General Counsel, Global Government Contracting, at Mastercard (USA). A long-time Association volunteer, she has served on INTA’s Board of Directors from 2014 through 2016 and in various committee roles, including as vice chair for the Data Protection Committee in the 2018–2019 Committee Term. She currently serves on the Brands for a Better Society Committee. Here, Ms. Lueders talks about how and why brand professionals need to advance their understanding and engagement with data and the implications of not doing so.

Broadly speaking, what role does data play in your daily work? How has this evolved in recent years?
I have held various roles at Mastercard, and, in each one, data has been a large component. One of my earliest roles supported our Data and Services business where we use data to create insights and analytics based on aggregated and anonymized data, innovate new product offerings through our “test and learn” services, and allow our clients to improve consumer engagement through our loyalty services. When I supported our North America region, the use of data in product development was an area of focus. During the pandemic, we launched products and tools leveraging transaction data to inform governments and businesses on the impact of the pandemic and quarantine on consumer spending.

From the in-house counsel perspective, what do law firm practitioners have to gain by advancing their knowledge around all things data?
While data privacy and protection is its own niche area of law, it impacts IP in a number of ways. Trademarks are brand identifiers and a source of trust. If a client experiences a data breach, no matter if it is large or small, it impacts the reputation of the brand. Media coverage will focus on the data breach and the stories will be quickly posted and reposted on social media. Consumers may lose trust in the brand and be concerned about the exposure of their data. In addition, even after the breach, it will remain top of mind for consumers who have to protect their identity. For at least a year, they will receive identity theft alert notices, which will continue to remind them of the breach. Consumer attrition will lead to lost revenue, which can impact the brand overall.

As the saying goes, “Data is King!” Marketers view it as the holy grail, with it providing deep insight into consumer preferences and behaviors. Data also fuels innovation and plays a role in solving major global challenges. How, in your view, can we strike the right balance in terms of leveraging data and protecting IP and other rights?
The need to understand the rules of the road when advising clients on product innovation and use of data is critical. Has the client properly handled personal data and received consent and/or provided notice as to how it will use consumer data? Is it the client’s data or are they incorporating a third party’s data? If the latter, that raises other unique issues such as data ownership and the scope of use of the data. Consumer complaints about the use of data, like a data breach, can impact a brand’s reputation.

What excites you most about this conference program?
Of course I am really looking forward to all of the sessions and listening to the panelists that we have convened for this conference. But what most excites me is just being in the room. I am looking forward to seeing old friends and making new introductions live, in person, and not through a computer screen!

Read “You Can’t Ignore the Data,” last week’s INTA Bulletin interview with Ms. Lueders’ co-chair, Phillip V. Marano (Greenberg Traurig, LLP, USA).

Learn more and register for The Business of Data Conference.

The Business of Data Conference—Speaker Roster Update

Close to 30 speakers have confirmed their participation, including the following from major brands:

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. 

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