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The Insights Association provides the latest issues and trending legal topics of interest to the survey, opinion and marketing research profession. Find white papers, compliance information, and current news affecting today's research environment, including government regulations, policies, laws and court rulings. This content is accessible to Insights Association members only. See other member benefits and become a member today!

Privacy and Data Security


  • The Children’s Online Privacy Protection Act: COPPA Best Practices for Marketing Researchers

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


  • CCPA Portal: All the Information You Need on the California Consumer Privacy Act (CCPA)

    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.


  • Best Practices to Involve Employees in Data Security Efforts

    Best Practices to Involve Employees in Data Security Efforts

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


  • Data retention

    Developing A Data Retention Policy

    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.


  • deceased respondent policy

    Rights After Death: What Happens When a Respondent Passes Away?

    Developing a policy for dealing with deceased respondents.


  • Constructing a privacy policy

    Privacy Policies for Survey, Opinion and Marketing Research Companies

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


  • Privacy in the Marketing Research Workplace

    Privacy in the Marketing Research Workplace

    The Electronic Communications Privacy Act (ECPA).


  • Marketing research involving kids

    Survey, Opinion and Marketing Research with Minors

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


  • Don't panic - follow these checklists to respond to a data breach

    Responding to a Data Security Breach

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


  • Data security laws across the USA

    State Data Security Breach Notification Laws

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


  • California online privacy law

    California Online Privacy Protection Act (CalOPPA), Do Not Track, and the Eraser Law

    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."


  • Student privacy laws

    Student Privacy (FERPA, PPRA)

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


  • California Data Broker Registry

    California Data Broker Registry is Now Online – Is Your Insights Company Registered?

    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?


  • Tangling with HIPAA for healthcare data privacy in marketing research

    HIPAA: Researchers Face Direct Liability for Healthcare Privacy and Security Under New HIPAA Rule

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


  • CPNI and telecommunications privacy

    Marketing Researchers and CPNI

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


  • xxxxxxxxxxxxxxxxxx

    Guidelines for Adverse Event Reporting: The Pharmaceutical Marketing Research Context

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


  • New York data security regulations

    New York Has New Data Security and Breach Notification Rules Starting in Fall 2019

    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.


  • Nevada data privacy law

    Nevada Consumer Data Privacy Law in Effect

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


  • Best Practices to Involve Employees in Data Security Efforts

    Best Practices to Involve Employees in Data Security Efforts

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


  • Vermont Data Broker Registry

    Vermont Data Broker Registry: Data Security and Regulatory Burden for Sample Providers and Others

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


  • data encryption laws for Massachusetts and Nevada

    Data Encryption in Nevada and Massachusetts

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


  • A bunch of privacy laws

    Miscellaneous Privacy-Related Laws

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


  • California Data Broker Registry

    Protecting Your Customer Data: Cybersecurity Basics for Insights Providers

    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 privacy policy law

    Nebraska: Breach of Privacy Policy Could Be Violation of State Law

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


  • Pennsylvania privacy policy law

    Pennsylvania: Not Abiding by Your Privacy Policy May Violate State Law

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


  • Oregon: Not Abiding by Your Privacy Policy May Violate State Law

    Oregon: Not Abiding by Your Privacy Policy May Violate State Law

    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.


  • biometric privacy laws

    Biometric Data Privacy Laws: Impact on Marketing Research

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


  • Delaware City, Delaware

    The Delaware Online Privacy Protection Act

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


  • Delaware Protection of Personal Information Law

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


  • Data Destruction Demanded in Delaware

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

  • FAQs: Do the HIPAA Health Care Privacy Rules Apply to My Research Study?

  • FAQs: A Privacy Policy

  • FAQs: Financial Privacy and the Gramm Leach Bliley Act

  • FAQ: Sharing Respondent Contact Info with the Client

Respondent Incentives


  • The Sunshine Act and respondent incentives for pharmaceutical marketing research with doctors

    FAQs: Compliance with the Physician Payments Sunshine Act

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


  • The Survey Research Professional and Reimbursements

    The Survey Research Professional and Reimbursements

    Figuring out incentives for marketing research participation.


  • Can I give respondents incentives if under Medicare or Medicaid?

    MR Incentives Restricted for Medicare and Medicaid Patients

    There are restrictions under HIPAA on offering incentives to Medicaid and Medicare patients for research participation.


  • Minnesota Restrictions on Pharmaceutical Marketing Research with Medical Practitioners

    Minnesota Restrictions on Pharmaceutical Marketing Research with Medical Practitioners

    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?


  • Maine Finalizes Pharmaceutical Regulations, Clarifying the Legality of Research Respondent Incentives for Physicians

    Maine Finalizes Pharmaceutical Regulations, Clarifying the Legality of Research Respondent Incentives for Physicians

    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.


  • Physician respondents and restrictions on incentives for participating in marketing research studies sponsored by pharmaceutical and medical device companies

    Physician Incentives: State and federal laws on incentives for physician respondents in pharmaceutical and medical device marketing research

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


  • Promotions Landscapre

    The Promotions Landscape: General Guidelines for Survey, Opinion and Marketing Researchers Conducting Sweepstakes, Contests and “Giveaways”

    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.


  • Respondents receiving incentives are independent contractors, not employees

    The Survey, Opinion and Marketing Research Profession's Position on Classification of Respondents

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


  • Tax Reporting Obligations for Respondent Incentives

    Tax Reporting Obligations for Respondent Incentives

    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.

Telephone, Fax, and Email


  • All the TCPA may let you use now -- a rotary dial phone

    Compliance Considerations for New TCPA Regulations and Telephone Research

    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.


  • TCPA, autodialers, calling cell phones

    Answering TCPA Questions: Responding to early MRA member questions about the new FCC Declaratory Ruling and Order

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


  • emergency phone restrictions

    Telephone Research Restricted During a State of Emergency?

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


  • Telephone Monitoring Laws

    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 Act and Research Emails

    CAN-SPAM and Sending Research Emails

    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).


  • Robpolls

    A State-By-State Guide to Laws Restricting Automated Telephone Research

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


  • U.S. fax law

    U.S. Fax Law: How Market Researchers Can Avoid Lawsuits

    The TCPA and the Junk Fax Prevention Act.


  • Time of day calling restrictions

    Time of Day Calling Restrictions

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


  • Disclosure requirements for political polls in Wisconsin

    Wisconsin Polling Disclosure Law

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


  • Ohio telephone harassment law

    Ohio Telephone Harassment Law

    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.

  • FAQs: Telephone Monitoring and Recording

  • FAQ: Time of Day Restrictions on Research Telephone Calls

  • FAQs: Telemarketing and Telephone Solicitation

  • FAQs: Market Researchers and Fax Machines

  • FAQs: Caller ID

  • FAQs: Calling Cell Phones

  • FAQs: Do Not Call

Pharmaceutical, Medical Devices, and Healthcare


  • Tangling with HIPAA for healthcare data privacy in marketing research

    HIPAA: Researchers Face Direct Liability for Healthcare Privacy and Security Under New HIPAA Rule

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


  • The Sunshine Act and respondent incentives for pharmaceutical marketing research with doctors

    FAQs: Compliance with the Physician Payments Sunshine Act

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


  • Can I give respondents incentives if under Medicare or Medicaid?

    MR Incentives Restricted for Medicare and Medicaid Patients

    There are restrictions under HIPAA on offering incentives to Medicaid and Medicare patients for research participation.


  • Minnesota Restrictions on Pharmaceutical Marketing Research with Medical Practitioners

    Minnesota Restrictions on Pharmaceutical Marketing Research with Medical Practitioners

    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?


  • Maine Finalizes Pharmaceutical Regulations, Clarifying the Legality of Research Respondent Incentives for Physicians

    Maine Finalizes Pharmaceutical Regulations, Clarifying the Legality of Research Respondent Incentives for Physicians

    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.


  • Physician respondents and restrictions on incentives for participating in marketing research studies sponsored by pharmaceutical and medical device companies

    Physician Incentives: State and federal laws on incentives for physician respondents in pharmaceutical and medical device marketing research

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


  • Guidelines for Adverse Event Reporting

    Guidelines for Adverse Event Reporting: The Pharmaceutical Marketing Research Context

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

International


  • GDPR Portal

    GDPR Portal

    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.


  • EU Adopts Privacy Shield: What It Means for Marketing Researchers

    EU Adopts Privacy Shield: What It Means for Marketing Researchers

    New agreement to allow trans-Atlantic data transfer and sharing, reports counsel Stuart Pardau


  • Transfers of Personal Data to the U.S. from the EU in the Post-Safe Harbor World

    Transfers of Personal Data to the U.S. from the EU in the Post-Safe Harbor World

    Compliance information for marketing researchers, now that the U.S.-EU Safe Harbor has been invalidated, provided by MRA counsel Stuart Pardau


  • Canada: MR Email Compliance with Canadian anti-spam law (CASL) (Bill C-28)

    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.


  • UK telephone MR restrictions

    Conducting Marketing Research via Telephone in the United Kingdom

    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.


  • Hong Kong restrictions on marketing research

    Russia’s Data Localization Law

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


  • Hong Kong restrictions on marketing research

    Hong Kong Restrictions on E-mail and Telephone Contact for Research

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


  • Marketing research laws in Canada

    PIPEDA and Doing Research in Canada

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


  • Toronto Maple Leafs Hockey Game

    Canadian Regulation of Computer Programs and Software Downloads in CASL

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

  • FAQs: Canadian Privacy Law, PIPEDA

  • FAQs: Video Monitoring and Recording in Canada

  • FAQs: European Union Directive on Data Protection

Business, Accounting, and Labor Concerns


  • Accounting Recommendations for Survey Research Ancillary Qualitative House Activities

    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.


  • stuff in the cloud

    Cloud Computing

    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.


  • Las Vegas, Nevada

    Nevada Law on Mystery Shopping

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


  • Technocultural babble

    Countering technological/cultural risk in your marketing research study

    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.


  • Why Ads Should Name Brands “Early and Often”:  It’s Not What You Think

    Dealing with Professional Respondent Websites

    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.


  • Ethical and legal challenges to respondent recruitment

    Ethical and Legal Considerations in Recruiting

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


  • every state has different independent contractor regulations

    Independent Contractor Tests: A State-by-State Assessment

    How each state handles independent contractors and worker classification.


  • Intellectual property law for marketing researchers

    Overview of Intellectual Property Law for Survey, Opinion and Marketing Researchers

    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).


  • Promotions Contests and Sweepstakes in MR

    The Promotions Landscape: General Guidelines for Survey, Opinion and Marketing Researchers Conducting Sweepstakes, Contests and “Giveaways”

    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.


  • West Virginia Tax

    West Virginia Tax Treatment for Research Services

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

  • FAQ: Does Survey, Opinion and Marketing Research Qualify for the Research & Development (R&D) Tax Credit?

  • FAQs: Disabilities, Discrimination, and the ADA in Marketing Research

Model Contracts, Forms and Language

  • Model Ethnography Security Agreement

  • Model Independent Contractor Agreement.

  • Model Clause to Deter Fraudulent Respondents

  • Model Clause to Protect Intellectual Property in Interviews

  • Model Clauses for Informing Respondents Receiving Incentives That They Are Independent Contractors

  • Model Contract Language for Use of Client Lists

  • Model Non-Disclosure Agreements (NDAs) – Confidentiality Contracts

  • Model Parental Consent Form

  • Model Privacy Clause for Clients to Contact Respondents

  • Model Privacy Clauses for Freelance Staff

  • Model Privacy Indemnification Clause

  • Model Contract Clause for Data Disposal Security

  • Model Intellectual Property (IP) Contract Provisions - Client Agreements

  • Physician's Acknowledgement of Medical Marketing Research Participation

  • Model Agreement for Client Representations, Warranties and Covenants and Indemnity

Resources referenced or provided on the MRA website: (a) are not, and should not be construed as, an exhaustive or comprehensive list of information, resources and potentially applicable laws; (b) are for informational purposes only and for the convenience of MRA’s members; and (c) are not for the purpose of providing legal advice. Legal information is not the same as legal advice, which is in the nature of the application of law to a person’s specific circumstances. Although MRA takes steps to make sure the resources and materials referenced on the website are accurate, current and useful, MRA recommends that members consult a lawyer if they want professional assurance that any legal information (and the members’ interpretation of it) is appropriate to any particular situation. Because the law changes rapidly, is different from jurisdiction to jurisdiction, and also is subject to varying interpretations by different courts and certain government and administrative bodies, MRA cannot guarantee that all information on the website is completely current. MRA does not represent or warrant the accuracy, applicability, or current nature of the legal information or items referenced. The law is a personal matter, and no general legal information can fit every circumstance. MRA Members should contact their own attorneys to obtain advice with respect to any particular issue, problem or question.

About Us

The Insights Association protects and creates demand for the evolving Insights and Analytics industry by promoting the indisputable role of insights in driving business impact. All revenue is invested in quality standards, legal and business advocacy, education, certification and direct support to enable our members to thrive.

The 2019 IA Code of Standards and Ethics for Marketing Research and Data Analytics may be found here.

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About Our Members

Our members are the world's leading producers of intelligence, analytics and insights defining the needs, attitudes and behaviors of consumers, organizations and their employees, students and citizens. With that essential understanding, leaders can make intelligent decisions and deploy strategies and tactics to build trust, inspire innovation, realize the full potential of individuals and teams, and successfully create and promote products, services and ideas. 

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