Legal Affairs

The Insights Association provides legal/compliance information (mostly members-only) on issues like: consumer privacy and data security; respondent incentives; research use of telephone, fax, and email; pharmaceutical, medical device and healthcare market research; non-U.S. laws; and some broader business, accounting and labor concerns for insights companies.

IA also maintains compliance portals for the European Union's General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). Finally, IA offers a variety of model clauses and contracts (but only IA company/department members get access to top-of-the-line updated model contracts/clauses).

Privacy and Data Security

• Connecticut Comprehensive Privacy Bill S.B. 6 Now Law
• Utah Consumer Privacy Act S.B. 227 Now Law
• Virginia the 2nd State with Comprehensive Privacy Regulation - Consumer Data Protection Act Now Law
• VCDPA - Virginia Privacy Law Changed in 2022
• New Comprehensive Privacy Law in Colorado - Colorado Privacy Act - S.B. 190
• Financial Privacy: Best Practices for Survey, Opinion and Marketing Researchers
• FTC Updates Safeguards Rule for Financial Entities
• The Children’s Online Privacy Protection Act: COPPA Best Practices for Marketing Researchers
• CCPA Portal: All the Information You Need on the California Consumer Privacy Act (CCPA)
• FAQs: Collecting and Handling Data on Race, Ethnicity and Gender
• Developing A Data Retention Policy
• Best Practices to Involve Employees in Data Security Efforts
• Rights After Death: What Happens When a Respondent Passes Away?
• Privacy Policies for Survey, Opinion and Marketing Research Companies
• FAQs: A Privacy Policy
• The Electronic Communications Privacy Act (ECPA) and Privacy in the Marketing Research Workplace
• Responding to a Data Security Breach
• State Data Security Breach Notification Laws
• Student Privacy (FERPA, PPRA)
• California Data Broker Registry is Now Online – Is Your Insights Company Registered?
• New Utah Law Provides Defense Against Data Breaches for ISO-Compliant Organizations
• Ohio Exempts Good Data Security from State Breach Notification Law
• HIPAA: Researchers Face Direct Liability for Healthcare Privacy and Security Under New HIPAA Rule
• FAQs: Do the HIPAA Health Care Privacy Rules Apply to My Research Study?
• New Law H.R. 7898 Adds a Safe Harbor to HIPAA for Good Data Security Practices
• Guidelines for Adverse Event Reporting: The Pharmaceutical Market Research Context
• Oregon H.B. 3284 Restricts COVID-19-Related Personal Health Data
• New York Has New Data Security and Breach Notification Rules Starting in Fall 2019
• Connecticut Law H.B. 6607 Prohibits Punitive Damages in Data Breach Lawsuits Against ISO-Compliant Companies
• Protecting Your Customer Data: Cybersecurity Basics for Insights Providers
• Miscellaneous Privacy-Related Laws
• Data Destruction Demanded in Delaware for 2015
• The Delaware Online Privacy Protection Act
• Delaware Protection of Personal Information Law
• Marketing Researchers and CPNI
• Nevada Consumer Data Privacy Law in Effect This Fall
• Nevada S.B. 260 Now Law - Restricts Insights Companies as Data Brokers
• Data Encryption in Nevada and Massachusetts
• Massachusetts Data Security Obligations and Breach Notification Requirements
• Biometric Data Privacy Laws: Impact on Marketing Research
• New U.S. Cybersecurity Reporting Rules for Critical Industries
• Vermont Adds Data Security and Regulatory Burden for Sample Providers
• FAQ: Sharing Respondent Contact Info with the Client
• Texas DMV Records Restricted in Use for Marketing Research - S.B. 15 Now Law
• New York City Law Prohibits Most Biometric Data Sharing
• Oregon: Not Abiding by Your Privacy Policy May Violate State Law
• Nebraska: Breach of Privacy Policy Could Be Violation of State Law
• Pennsylvania: Not Abiding by Your Privacy Policy May Violate State Law

Respondent Incentives

• New Law California A.B. 1561 Protects Research Subjects and Researchers
• The Promotions Landscape: General Guidelines for Survey, Opinion and Marketing Researchers Conducting Sweepstakes, Contests and “Giveaways”
• FAQs: Compliance with the Physician Payments Sunshine Act
• Restrictions on Incentives for Medicare and Medicaid Patients in Healthcare Market Research
• Minnesota Restrictions on Pharmaceutical Marketing Research with Medical Practitioners
• Maine Finalizes Pharmaceutical Regulations, Clarifying the Legality of Research Respondent Incentives for Physicians
• The Physician Payments Sunshine Act: The Insights Industry Position
• Tax Reporting Obligations for Respondent Incentives
• Model Physician Acknowledgement of Medical Marketing Research Participation
• Independent Contractor Tests: A State-by-State Perspective

Telephone, Fax, and Email

• "Push polls" - Deceptive Advocacy/Persuasion Under the Guise of Legitimate Polling
• New Hampshire Push Poll Law
• Sugging: Sales Under the Guise of Research
• Caller Identification: Best Practices for Survey, Opinion and Marketing Researchers
• Telephone Monitoring Laws
• Call Monitoring and Recording Notification: Best Practices for Survey, Opinion and Marketing Research
• Telephone Research Restricted During a State of Emergency?
• CAN-SPAM and Sending Research Emails
• TCPA and JFPA: Market Researchers, Junk Faxes, and Avoiding Lawsuits
• Time of Day Calling Restrictions
• Wisconsin Polling Disclosure Law
• Ohio Telephone Harassment Law
• FTC Advisory Opinion on Survey Researcher Access to Do Not Call Registry
• Michigan forbids collecting/sharing unpublished phone numbers - H.B. 4314
• New Harsh TCPA-Like Florida Law S.B. 1120 Only Targets Telemarketing

Pharmaceutical, Medical Devices, and Healthcare

• The Physician Payments Sunshine Act: The Insights Industry Position
• HIPAA: Researchers Face Direct Liability for Healthcare Privacy and Security Under New HIPAA Rule
• FAQs: Compliance with the Physician Payments Sunshine Act
• Restrictions on Incentives for Medicare and Medicaid Patients in Healthcare Market Research
• Minnesota Restrictions on Pharmaceutical Marketing Research with Medical Practitioners
• Maine Finalizes Pharmaceutical Regulations, Clarifying the Legality of Research Respondent Incentives for Physicians
• Guidelines for Adverse Event Reporting: The Pharmaceutical Market Research Context
• Oregon H.B. 3284 Restricts COVID-19-Related Personal Health Data
• FAQs: Do the HIPAA Health Care Privacy Rules Apply to My Research Study?
• Model Physician Acknowledgement of Medical Marketing Research Participation
• Revealing the Sponsor in Pharmaceutical Market Research Involving Health Care Professionals

International

• GDPR Portal - Everything you need for the EU General Data Protection Regulation
• Harsh New Data Privacy Law in China
• Data Security Risks for Insights Businesses in Dealing with China
• Market Research Email Compliance with Canadian Anti-Spam Law (CASL) (Bill C-28)
• Conducting Market Research via Telephone in the United Kingdom
• Prohibition on Providing Most U.S. Insights Services to Russia
• Russia’s Data Localization Law
• Hong Kong Restrictions on E-mail and Telephone Contact for Research
• PIPEDA and Other Privacy Laws Impacting Research in Canada
• Canadian Date Security Reporting - Mandatory Regulations for Private Sector
• Canadian Regulation of Computer Programs and Software Downloads in CASL
• Turkey: LPPD Data Privacy Regulations

Business, Accounting, and Labor Concerns

• Overview of Intellectual Property Law for Survey, Opinion and Marketing Researchers
• The Promotions Landscape: General Guidelines for Survey, Opinion and Marketing Researchers Conducting Sweepstakes, Contests and “Giveaways”
• Does Your Insights Organization's Internet Presence Need to be ADA Compliant?
• Tax Reporting Obligations for Respondent Incentives
• Nevada Law on Mystery Shopping
• Independent Contractor Tests: A State-by-State Assessment
• Non-Compete Agreements in the Insights Industry
• Non-Compete Agreements: Do’s and Don’ts for Marketing Researchers
• West Virginia Tax Treatment for Research Services
• FAQ: Does Survey, Opinion and Marketing Research Qualify for the Research & Development (R&D) Tax Credit?
• New Jersey Tax on Information Services
• New Kentucky Sales Tax on Insights - H.B. 8
• New DC Law Cracks Down on Noncompete Agreements

Model Contracts, Forms and Language

(Note: IA offers IA company members more up-to-date and detailed model contracts and forms.)

• Model Agreement for Client Representations, Warranties and Covenants and Indemnity
• Model Physician Acknowledgement of Medical Marketing Research Participation
• Model Contract Clause for Data Disposal Security
• Model Privacy Indemnification Clause
• Model Privacy Clauses for Freelance Staff
• Model Privacy Clause for Clients to Contact Respondents
• Model Parental Consent Form
• Model Non-Disclosure Agreements (NDAs) – Confidentiality Contracts
• Model Contract Language for Use of Client Lists
• Model Clause to Protect Intellectual Property in Interviews
• Model Clause to Deter Fraudulent Respondents
• Model Independent Contractor Agreement
• Ethnography Security Agreement
• Model Intellectual Property (IP) Contract Provisions - Client Agreements
• Model Clauses for Informing Respondents Receiving Incentives That They Are Independent Contractors