Marketing researchers are governed by a variety of laws, depending on the nature of the research.

The California Consumer Privacy Act (CCPA) is a complicated, confusing and comprehensive state privacy law coming into effect on January 1, 2020 that will impact most marketing research and data analytics companies and departments, and cover almost all consumer data, online or otherwise.

Given the increasing focus on diversity and inclusion in society overall, market research firms are seeing an increased need for the collection and reporting of data relating to race, ethnicity, and gender (including non-binary responses). Are there any special considerations associated with the handling or collection of this data?

Here are five ways to turn research organization employees from data security liabilities into data security assets.

Litigation is a risk for any business - including survey, opinion and marketing research. The risk for anticipated litigation and certain laws require survey and opinion researchers to develop policies on the retention of data.

Developing a policy for dealing with deceased respondents.

A white paper on drafting and improving your organization's privacy policy.

The Electronic Communications Privacy Act (ECPA).

Bringing heightened sensitivity to research interactions and data collection with children.

Checklists to follow in that unfortunate crisis time of a data breach.

All the data security laws across the U.S.A..

CalOPPA was the first law in the nation to broadly regulate privacy policies -- and has since been expanded to online tracking and the "right to be forgotten."

There are two key U.S. key federal laws bearing on the privacy of students that survey, opinion and marketing researchers need to know.

A few marketing research and data analytics companies are listed in the California Attorney General’s new data broker registry. Should your company be listed?

A white paper on HIPAA compliance for marketing researchers -- a law that snags a lot more MR professionals than it used to.

Telecommunications privacy: A primer on FCC rules for handling customer proprietary network information.

Compliance information for pharmaceutical, medial device and healthcare marketing research and data analytics companies that may need to report adverse events.

New York’s new data security and breach notification law, the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act), comes into effect soon.

A new Nevada law, S.B. 260, broadens the restrictions in Nevada's privacy notice and opt out of sale laws for a lot of insights companies, who will be designated as “data brokers.”

Nevada now requires companies to offer consumers the right to opt out of the sale of their personal data.

Here are five ways to turn research organization employees from data security liabilities into data security assets.

A new data broker law  in Vermont regulating companies that collect and sell consumer data to third parties.

Massachusetts and Nevada specifically mandates the use of encryption to protect personal information.

Everything from Sarbanes-Oxley, to the Human Subjects Rule, the FTC Act, ECPA, the Privacy Act, TSR and FOIA.

This is the first in a series of cybersecurity, privacy, and compliance articles from Ezentria to help members of the Insights Association and their executive teams better understand information security best practices and compliance requirements.

Nebraska specifically lists violation of a website’s privacy policy as a deceptive trade practice.

Pennsylvania has a specific law treating violation of a privacy policy as a deceptive trade practice.

Oregon, like Pennsylvania and Nebraska, now has a specific law treating violation of a privacy policy as an unlawful trade practice. It also applies to violation of a consumer agreement.

How the biometric privacy laws impact marketing research tools, such as facial coding, face detection, and eye tracking.

Going into effect on January 1, 2016, DOPPA restricts marketing to minors and the collection of their personally identifiable data.

Delaware requires notification in case of a breach of security of state residents’ data.

Going into effect on January 1, 2016, DOPPA restricts marketing to minors and the collection of their personally identifiable data.

Compliance for respondent incentives in pharmaceutical and medical device marketing research with doctors.

Figuring out incentives for marketing research participation.

There are potential restrictions on offering incentives to Medicaid and Medicare patients for health care market research participation.

Each time the state of Minnesota has tried to clarify treatment of respondent incentives for the participation of health care practitioners in marketing research sponsored by pharmaceutical manufacturers, companies still end up confused. What do the law, regulations and guidance tell us?

In finalizing Maine’s ban on pharmaceutical manufacturer gifts to health care practitioners, the Maine Board of Pharmacy agreed with the Insights Association that it should not restrict respondent incentives for participation in bona fide marketing research.

A new law in Oregon, H.B. 3284, severely restricts the collection, use and sharing of personal health information related to tracking COVID-19 for another purpose. The law could limit some insights work.

State and federal restrictions on respondent incentives for physicians participating in pharma-sponsored research studies.

In the context of marketing research, promotions can be valuable tools to enlarge respondent pools, increase response rates, and enhance brand visibility. Promotions in the U.S. are governed by specific laws at both the federal and state levels, as well by Section 5 of the FTC Act, which addresses unfair or deceptive trade practices.

It is the standard practice of the survey and opinion research profession to classify research participants (a.k.a., “respondents”) as independent contractors.

For the survey, opinion and marketing research profession, payment information return obligations under Section 6041(a) of the Internal Revenue Code and Section 1.6041-1(a) of the Income Tax Regulations, require that every person engaged in a trade or business must make an information return for each person to whom payment is made for services in the course of his or its trade or business of amounts which aggregate $600 or more during that year.

The first two sections of this brief are the essentials – initial Telephone Consumer Protection Act (TCPA) compliance considerations and the key aspects of the new FCC Declaratory Report and Order – and are followed by a detailed analysis that may be of more interest to attorneys and experts steeped in telephone research.

Initial Q&A on the new Telephone Consumer Protection Act (TCPA) rules for autodialer calls to cell phones.

With a state of emergency being called in many jurisdictions across the United States, does that mean you can't make telephone research calls?

The following is a list of the current state and federal statutory consent requirements relating to the listening in to a telephone conversation.

Can Spam The Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, originally signed into law in 2003, regulates the sending of commercial electronic mail (and text messages).

Laws for robocalls, robopolls, TDE, IVR, etc.

The TCPA and the Junk Fax Prevention Act.

The federal and state time of day laws/regulations restrict when certain calls may be made. Here are all of the restrictions.

Wisconsin law requires that anyone conducting a political telephone poll must.....

While some respondents will complain about being "harassed" by survey, opinion and marketing research phone calls, harassment by telephone is a serious legal issue, particularly in states like Ohio.

A white paper on HIPAA compliance for marketing researchers -- a law that snags a lot more MR professionals than it used to.

Compliance for respondent incentives in pharmaceutical and medical device marketing research with doctors.

There are potential restrictions on offering incentives to Medicaid and Medicare patients for health care market research participation.

Each time the state of Minnesota has tried to clarify treatment of respondent incentives for the participation of health care practitioners in marketing research sponsored by pharmaceutical manufacturers, companies still end up confused. What do the law, regulations and guidance tell us?

In finalizing Maine’s ban on pharmaceutical manufacturer gifts to health care practitioners, the Maine Board of Pharmacy agreed with the Insights Association that it should not restrict respondent incentives for participation in bona fide marketing research.

State and federal restrictions on respondent incentives for physicians participating in pharma-sponsored research studies.

Compliance information for pharmaceutical, medial device and healthcare marketing research and data analytics companies that may need to report adverse events.

The European Union (EU) General Data Protection Regulation (GDPR) is a sweeping data privacy and data security regulation. Insights Association members can get detailed compliance information on many aspects of this complicated new law.

The Personal Information Protection Law (PIPL), on paper one of the more punitive comprehensive consumer privacy laws around the world, took effect in the People’s Republic of China on November 1, 2021, presenting new compliance challenges for insights organizations operating in the country or acquiring/using data from its residents.

Sweeping new Canadian restrictions on electronic messages come into effect July 1, 2014. Bill C-28, sometimes referred to as the Fighting Internet and Wireless Spam Act (FISA), but usually referenced as the Canadian Anti-Spam Law (CASL), likely requires a sea change in your approach to electronic messaging in and with Canada, whether for research or for other purposes.

Here is some guidance, adapted from the Market Research Society (MRS), on the conduct of telephone research in the United Kingdom (UK), including the 2017 revised Ofcom Statement of Policy on Persistent Misuse, as well as recent call blocking initiatives.

Anyone doing marketing research with Russian citizens needs to pay attention.

A guide to some of the laws limiting your marketing research studies in Hong Kong.

Laws impacting marketing research studies in Canada, including some provincial restrictions.

CRTC guidance on consent requirements for installing computer programs and downloading software onto users' devices

Turkey’s Law on the Protection of Personal Data No. 6698 (LPPD) came into force on April 7, 2016. It applies to controllers and processors that collect data from Turkey and is somewhat similar to GDPR.

During the course of business Qualitative Facilities will often need to engage in nonresearch support activities and provisions. These activities may sometimes require the purchase of outside supplies or services.

Cloud computing involves the sharing or storage by users of their information on remote servers owned or operated by others and accessed through the Internet or other connections.

In Nevada, mystery shoppers need to be licensed by the state.

The new technology culture is transforming traditional survey, opinion and marketing research practices and adding new risks. Tablets, smart phones, and social media have all increased the potential risk exposure of your research business.

Survey, opinion and marketing research company websites sometimes find they've been scammed by websites that promote professional respondents or just generally flood panels and focus groups with respondents who've been promised they will get paid for their opinions.

What you need to know to safely recruit respondents for your survey, opinion and marketing research studies.

How each state handles independent contractors and worker classification.

The U.S. legal system provides protections for owners of all kinds of property rights, including intangible property that is the “product of the mind,” also known as intellectual property or (IP).

In the context of marketing research, promotions can be valuable tools to enlarge respondent pools, increase response rates, and enhance brand visibility. Promotions in the U.S. are governed by specific laws at both the federal and state levels, as well by Section 5 of the FTC Act, which addresses unfair or deceptive trade practices.

The state’s economy may not be booming, but there are advantages to performing survey, opinion and marketing research in West Virginia.