Pu?ng B2B Research to the Legal Test

Transcription

1 With the global leader in sampling and data services Pu?ng B2B Research to the Legal Test Ashlin Quirk, SSI General Counsel 2014 Survey Sampling Interna6onal 1

2 2014 Survey Sampling Interna6onal Se?ng the stage: Today s B2B Research Best Prac6ces

3 5 Best Prac6ces for Today s B2B Sample 1. Verify, verify, verify Phone, social media, in- survey, mul6- faceted approach 2. Best in class sampling Precise, accurate segmenta6on in real- 6me, with ques6ons designed by methodologists, means results on 6me, even for difficult audiences 3. Pamper the respondent B2B respondents 6me is valuable: make surveys and rewards relevant and appealing 4. Use diverse blue- chip sources Avoid bias by recrui6ng from top sources across many ver6cals 5. Keep research design flexible Consider mul6- mode solu6ons. Phone calls help a difficult project complete 2014 Survey Sampling Interna6onal 3

4 Best Prac6ces in Ac6on: SSI B2B inssites We leverage a professional s exis6ng rela6onships to add credibility and encourage par6cipa6on in the research effort 2014 Survey Sampling Interna6onal 4

5 Sampling Designed by Methodologists Knowing our par6cipant professionals allows us to respect their 6me by sampling those who have an interest in the research topic 2014 Survey Sampling Interna6onal

6 Flexible Research Design Mul6ple op6ons to combine modes for best results Especially effec6ve for difficult audiences: Phone alert followed by online study E- mail alert to set up appointment for phone interview Phone to web interview 2014 Survey Sampling Interna6onal

7 Agenda Privacy law considera6ons Legal best prac6ces to protect panelists and panelists employer data Research Case #1 Presen6ng the case Legal issues to consider Research Case #2 Presen6ng the case Legal issues to consider Keys to Success Ques6ons and Discussion 2014 Survey Sampling Interna6onal 7

8 Privacy Laws Generally Typically, privacy laws govern the collec6on, use and sharing of personally iden6fiable informa6on The defini6on of personally iden6fiable informa6on (using the UK as an example) is broad: Data which relates to a living individual who can be iden6fied from that data, or from that data and other informa6on which is in the possession of, or is likely to come into the possession of, the data controller Consider all of the data elements that could fall under the broad defini6on: Name, address, address, telephone number, mobile number, birthdate, mobile device ID, IP address, na6onal iden6fier numbers (driver s license, social security, na6onal insurance) Remember also, data on its own may not be deemed personally iden6fiable under local law, but when combined with other data, those data elements may also fall under the defini6on (zip code/postal code, gender, workplace or school, posi6on and salary) 2014 Survey Sampling Interna6onal 8

9 Privacy Laws and B2B Collec6on of personal data from B2B panelists is subject to same privacy law considera6ons as B2C In most countries, no exemp6on for compliance just because data is rela6ng to the person s professional profile Natural tension between privacy by design principles and regulatory review and market research goals Regulators expect that organiza6ons will collect minimally necessary personal data ( less is more ); however market research principles dictate that a more robust profile of an individual may assist with interpreta6on/analysis of responses, segmenta6on of the respondents etc. ( more is more ) How do we reconcile these two views as an industry? 2014 Survey Sampling Interna6onal 9

10 Legal Best Prac6ces B2B has unique considera6ons legally Concept of legal compliance in this context is broad Not just the legal compliance of the project or the market research firm, but also the legal compliance (example: contractual obliga6ons) of the respondent Two case studies will highlight issues to consider 2014 Survey Sampling Interna6onal 10

11 Research Case #1: Totally Toast 2014 Survey Sampling Interna6onal 11

12 Research Case #1: Totally Toast MR company Deep Space Insights has been engaged by Totally Toast a manufacturer of professional toasters used in restaurants and diners Totally Toast wants to conduct a market research study in mul6ple countries regarding: Sa6sfac6on levels with the toasters A new product concept They plan to use a commercial customer list derived from contact informa6on provided in product registra6on cards 2014 Survey Sampling Interna6onal 12

13 What Are the Legal Risks? 2014 Survey Sampling Interna6onal 13

14 Case #1: Totally Toast Legal Considera6ons Privacy laws Did respondent have no6ce that his/ her personal data would be used for this purpose? Unsolicited laws in which country do the respondents reside? 2014 Survey Sampling Interna6onal 14

15 Case #1: Totally Toast Addi6onal Facts Totally Toast wants respondents to submit photos of toasters in use at diners and restaurants Totally Toast wants respondents to use a sample new concept toaster in their restaurant or diner 2014 Survey Sampling Interna6onal 15

16 Case #1: Legal Considera6ons for Addi6onal Facts How can Totally Toast protect their new concept if the test toaster is displayed in the public domain? None of the other restaurant staff have entered into a confiden6ality agreement regarding this project, product concept is going to be difficult protec6ng that 2014 Survey Sampling Interna6onal 16

17 Case #1: Legal Considera6ons for Addi6onal Facts What can be recorded in a video or photo submined by a respondent? Provide instruc6ons that no one other than the respondent should be included in the photo or video (no permission from other people who may interact with the product to collect their personal data for this purpose) likeness/ 2014 Survey Sampling Interna6onal 17

18 Research Case # Survey Sampling Interna6onal 18

19 Case #2 Great Minds Sooware company SnipSnap has a new mobile app, Great Minds, which delivers business insights in seconds Their target market is CMOs, brand managers and researchers across the globe 2014 Survey Sampling Interna6onal 19

20 Case #2: Great Minds Addi6onal Facts They want to conduct a mul6- country product usage test online which requires respondents to download the applica6on to their smartphone The also want par6cipants to complete a screener that provides the respondent s employer name and includes informa6on about the employer s annual data analy6cs spend 2014 Survey Sampling Interna6onal 20

21 What are the legal risks? 2014 Survey Sampling Interna6onal 21

22 Case #2: Great Minds Legal Considera6ons Respondents will need to download an app: Can respondents use their employer s assets (their work phone)? Can respondents share confiden6al informa6on about their employer (annual analy6cs spend)? Does the app collect confiden6al informa6on about the employer through review of contact lists, subject lines etc.? 2014 Survey Sampling Interna6onal 22

23 Case #2: legal considera6ons Con6nued Is SnipSnap a compe6tor of respondent s employer? (What if respondent works in the business insights industry?) poten6al conflict of interest could be a viola6on of employer s company policies Is this a new product concept? It has just been uploaded onto a third party s systems (the employer s smart phone) without any agreement in place with such third party to protect it 2014 Survey Sampling Interna6onal 23

24 Summary: Keys to Success B2B has unique legal considera6ons Consider removing ques6ons that will solicit employer confiden6al informa6on Consider what employer policies may restrict a respondent s ability to par6cipate (example: acceptance of gios/rewards) Consider whether respondent will use employer resources to par6cipate (networks, telephone) Consider any poten6al conflicts of interest (example: compensa6on of respondent by a compe6tor if a compe6tor is the end client) Consider how to protect confiden6ality of new product concept when respondent may store such informa6on on the employer s systems (employer has not agreed to protect confiden6al informa6on, only respondent) 2014 Survey Sampling Interna6onal 24

25 Keys to Success Con6nued B2B also includes legal considera6ons applicable to all research projects Compliance with applicable privacy laws and unsolicited laws Avoid situa6ons that could give rise to claims by employer of tor6ous interference Researcher could be subject to a claim by the employer if known that respondent has a confiden6ality obliga6on and is encouraging them to violate the terms of that agreement by sharing informa6on 2014 Survey Sampling Interna6onal 25

26 Ques6ons and Discussion 2014 Survey Sampling Interna6onal 26

27 To Con6nue the Conversa6on Visit our Facebook page: facebook.com/surveysampling or Tweet #SSIWebinar 2014 Survey Sampling Interna6onal 27

28 surveysampling.com Survey Sampling Interna6onal 28