Legal Affairs

Privacy and Data Security

• Connecticut Comprehensive Privacy Bill S.B. 6 Now Law
• Utah Consumer Privacy Act S.B. 227 Now Law
• Financial Privacy: Best Practices for Survey, Opinion and Marketing Researchers
• 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
• 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?
• 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
• Marketing Researchers and CPNI
• Data Encryption in Nevada and Massachusetts
• Massachusetts Data Security Obligations and Breach Notification Requirements
• New U.S. Cybersecurity Reporting Rules for Critical Industries

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

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

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

International

• GDPR Portal - Everything you need for the EU General Data Protection Regulation
• Harsh New Data Privacy Law in China
• Market Research Email Compliance with Canadian Anti-Spam Law (CASL) (Bill C-28)
• Conducting Market Research via Telephone in the United Kingdom
• 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
• West Virginia Tax Treatment for Research Services
• FAQ: Does Survey, Opinion and Marketing Research Qualify for the Research & Development (R&D) Tax Credit?
• Important Notice About the New Jersey Tax on Information Services
• New Kentucky Sales Tax on Insights - H.B. 8

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