As market research and insights professionals, contracts may not be our favorite part of the job, but they do cross our desks—and they can make or break a project. Even if the final review is handled by a colleague in purchasing or the legal department, we still need to be alert enough to spot red flags.
Why? Because contracts set the ground rules—what’s allowed, what’s not, and how exceptions get handled. As Benjamin de Seingalt, Esq., Corporate Counsel and Director of Compliance and Privacy at MarketVision Research, puts it, ten years ago the research industry “was the Wild West”—we could improvise mid-project without much trouble. Today, privacy regulations (like GDPR) and other changes have made research-related contracts more complex. That means less flexibility—and more reason to ensure contracts are correct and account for what might change over the course of a project.
MSAs, SOWs, and Exceptions
Most client relationships are governed by a master services agreement (MSA). These set the baseline terms for multiple projects. However, a statement of work (SOW) for a specific project can override parts of the MSA.
In many cases, exceptions can be made with “explicit written consent.” That might be formal contract language or as simple as an email from an authorized contact. The key is knowing what the contract requires and making sure all change approvals are appropriately documented.
Privacy Commitments Are Binding
Some agreements aren’t labeled as “contracts” but are still contractually binding. Privacy policies and respondent consent language fall into this category. If you’ve told respondents their data will only be used for X and Y, you can’t later decide to use it for Z—unless you secure new consent.
In traditional qual or quant studies, getting that revised consent can be costly and logistically challenging. As Benjamin notes, “If you want to build in flexibility, it has to be at the beginning.”
When Clients (Inadvertently) Break the Rules
Sometimes, clients ask for things that might strike us as potentially unethical or even illegal. Usually, it’s inadvertent—the client may not realize they are requesting something problematic.
For example, content might be used in ways the original agreement didn’t allow. Perhaps anonymized interview clips from qualitative research end up in a client’s marketing materials. It may seem harmless—after all, no personal identifiers are visible—but it can still violate the agreed purpose of the research and the anonymity promised to participants.
Such missteps can cause tension, trigger process changes, and add more contract scrutiny in future projects. Technically, they can also be breaches—but whether action is taken depends on whether any party feels harmed enough to pursue it. Often, it leads to new processes to prevent future misuse rather than legal disputes.
As Benjamin explains, “At the end of the day, there’s no foolproof method. You can have clear processes, but somewhere along the line, someone might not know about them. That’s why trust and long-term relationships are so important.”
Relationships Still Matter
Even with detailed contracts, trust is essential. There’s no perfect safeguard against every misuse or misunderstanding. Long-term, respectful relationships between vendors and clients remain one of the strongest protections against problems.
4 Final Contract Tips for Market Research & Insights Professionals
- Apply Your Researcher’s Eye to Contract Precision. In client–agency or client–supplier agreements, vague or loosely worded terms can cause misunderstandings and scope creep. Use your research knowledge—just as you would in documenting a methodology plan or data analysis plan—to spot where language could be clearer before work begins.
- Honor Respondent Agreements. Consent forms and privacy policies are considered legally binding agreements, and using participant data beyond the stated purposes may violate contract and data protection laws (CCPA, GDPR). Revised consent is required before any new use of data
- Document Every Change Approval. If something falls outside the contract, get it in writing. Even a simple email from the right contact can protect the project, and the relationship.
- Be Alert to Unintentionally Problematic Requests. Sometimes clients may not realize that what they’re asking could conflict with the contract or professional market research code of conduct requirements (such as the Insights Association’s Code of Conduct & Ethics, and the American Association for Public Opinion Research (AAPOR) Code of Professional Ethics). Spotting these situations early and offering diplomatic guidance reduces risk and gives everyone a chance to find a workable solution.
And when in doubt, escalate any questions or concerns to your organization’s officially designated legal or purchasing contacts. Contracts can be extremely complex, with numerous provisions, clauses, and specialized legal requirements that even highly experienced researchers rarely master. Our role is to know enough to spot potential red flags—then escalate them to the colleagues who can address them.
