Article 1 – Basic principles
- Market research shall be legal, honest, truthful and objective and be carried out in accordance with appropriate scientific principles.
- Researchers shall not act in any way that could bring discredit on the market research profession or lead to a loss of public confidence in it.
- Market research shall be conducted with professional responsibility and conform to the principles of fair competition, as generally accepted in business.
- Market research shall be clearly distinguished and separated from non-research activities including any commercial activity directed at individual respondents (e.g. advertising, sales promotion, direct marketing, direct selling etc.).
Article 2 – Honesty
- Market research shall not abuse the trust of respondents or exploit their lack of experience or knowledge.
- Researchers shall not make false statements about their skills, experience or activities, or about those of their organisation.
Article 3 – Professional responsibility
- Respondents' co-operation in a market research project is entirely voluntary at all stages. They shall not be misled when being asked for their co-operation.
- Researchers shall take all reasonable precautions to ensure that respondents are in no way harmed or adversely affected as a direct result of their participation in a market research project.
- Researchers shall not unjustifiably criticise other researchers.
Article 4 – Transparency
- Researchers shall promptly identify themselves and unambiguously state the purpose of the research.
- Respondents shall be able to check the identity and bona fides of the researcher without difficulty.
- Researchers shall on request allow the client to arrange for checks on the quality of data collection and data preparation.
- On request, Researchers shall supply the Client with duplicate copies of interview records, provided these do not breach anonymity and confidentiality requirement of the Privacy Act 1993. (The provision does not apply where resulting reports are available for general purchase on a syndicated basis.)
- Secondary research records and stored research data excluding personal identifiers shall be kept for a minimum of two years unless explicitly agreed with the Client.
- Researchers shall provide their clients with appropriate technical details of any research project carried out for the clients.
- Researchers shall ensure that market research projects are designed, carried out, reported and documented accurately, transparently and objectively.
Article 5 – Ownership
Unless otherwise agreed between the Client and Researcher in writing, the following ownership principles apply.
- Market research briefs, and research data and findings from a marketing research project (except in the case of syndicated or multi-client projects) remain the property of the Client, and may not be disclosed by the Researcher to any third party.
- The following records remain the property of the Researcher, and may not be disclosed by the Client to third parties:
(i) The research techniques and methods used in the marketing research project.
(ii) Marketing research proposals, discussion papers and quotations, unless these have
been paid for by the Client.
(iii) The contents of a report in the case of syndicated or multi-client projects, where it is
clearly understood that the resulting reports are available for general purchase or
subscription. In these cases, the Client may not disclose the findings to any third
party other than in direct connection with their own business.
Article 6 – Recording and observation techniques
Respondents shall be informed before observation techniques or recording equipment are used for research purposes, except where these are openly used in a public place and no personal data are collected. If respondents so wish, the record or relevant section of it shall be destroyed or deleted. In the absence of explicit consent respondents' personal identity shall be protected.
Article 7 – Data protection and privacy
- Privacy policy
Researchers shall have a privacy policy which is readily accessible to
respondents from whom they are collecting data.
- Collection of data
When collecting personal information from respondents researchers shall ensure that:
- respondents are aware of the purpose of the collection; and
- respondents are aware of any quality control activity involving re-contact.
- Use of data
Personal information collected and held in accordance with this Code shall be:
- collected for specified research purposes and not used in any manner incompatible with these purposes;
- adequate, relevant and not excessive in relation to the purpose of the research for which they are collected and/or further processed; and
- preserved no longer than is required for the purpose for which the information was collected or further processed.
Researchers shall ensure that respondents’ personal identity is withheld from the client. The researcher may, communicate the respondent’s identifiable personal information to the client, unless national provisions require stricter regulations, under the following conditions:
i) the respondent has explicitly expressed this wish and/or
ii) the respondent has given their explicit consent and
iii) on the understanding that no commercial activity (as defined in Article 1d) will be directed at them as a direct result of their having provided information.
- Security of processing
Researchers shall ensure that adequate security measures are employed in order to prevent unauthorised access, manipulation to or disclosure of the personal data.
If personal data are transferred to third parties, it shall be established that they employ at least an equivalent level of security measures.
- Rights of the respondent
Appropriate measures shall be taken to ensure that respondents understand and can exercise their rights
- not to participate in a market research project;
- to withdraw from the market research interview at any time;
- to require that their personal data are not made available to others; and
- to delete or to rectify incorrect personal data which are held on them.
- Transborder transactions
Particular care shall be taken to maintain the data protection rights of individuals when personal data are transferred from the country in which they are collected to another country.
When data processing is conducted in another country, all reasonable steps shall be taken to ensure that adequate security measures are observed and that the data protection principles of this Code are respected.
Article 8 – Children and young people
Researchers shall take special care when interviewing children and young people. The informed consent of the parent or responsible adult shall first be obtained before interviewing children aged under 15 years. Informed consent implies that they are provided with information about
- the nature of the research;
- whether the child will be asked to test any products or samples
- the nature of any incentive offered to the child.
Article 9 – Shared interviews
Researchers shall inform clients if the work to be carried out for them is to be combined or syndicated in the same project with work for other clients, without disclosing the identity of such clients without their permission.
Article 10 – Subcontracting
Researchers shall inform clients, prior to work commencing, when any part of the work for them is to be subcontracted outside the researchers’ own organisation (including the use of any outside consultants). On request clients shall be told the identity of any such subcontractor.
Article 11 – Publishing findings
- When reporting on the results of a market research project, researchers shall make a clear distinction between the findings, the researchers’ interpretation of these findings, and any recommendations based on them.
- Where any of the findings of a research project are published by the client, the latter shall be asked to consult with the researcher as to the form and content of publication of the findings. Both the client and the researcher have a responsibility to ensure that published results are not misleading.
- Researchers shall always be prepared to make available the technical information necessary to assess the validity of any published findings.
- Researchers shall not allow their name to be associated with the dissemination of conclusions from a market research project unless they are adequately supported by the data.
Article 12 – Responsibility
Researchers have overall responsibility for ensuring that research is carried out in accordance with this Code, and for ensuring that clients and other parties to the research agree to comply with its requirements.
Article 13 – Effect of subsequent redress for contravention
Subsequent correction and/or appropriate redress for a contravention of the Code, by the party responsible, is desirable but does not excuse the contravention.
Article 14 – Implementation
- The Code and the principles enshrined in it, should be adopted and implemented, nationally and internationally, by the relevant local, national or regional selfregulatory bodies. The Code should also be applied, where appropriate, by all organisations, companies and individuals involved and at all stages in a market research project.
- Marketers, researchers and clients should be familiar with the Code and with other relevant local self-regulatory documents on market research, and should familiarise themselves with decisions taken by the appropriate self-regulatory body. Requests for interpretation of the principles contained in this Code may be submitted to the ICC Code Interpretation Panel or to the ESOMAR Professional Standards Committee.