Conducting customer interviews following jurisdiction, data protection laws, industry regulations, and ethical guidelines.

This article supplements the main article, “How to conduct effective business research interviews,” with an overview of jurisdiction, data protection laws, industry regulations, and ethical guidelines to be considered when conducting customer interviews. Please be aware that this article is neither exhaustive nor can replace a legal consultancy.

Legal and compliance requirements for conducting customer interviews vary by jurisdiction, data protection laws, industry regulations, and ethical guidelines. Common considerations include obtaining informed consent, ensuring compliance with privacy and data protection laws, adhering to regulations in highly regulated sectors such as healthcare or finance, and following industry-specific professional codes of conduct. Industries like healthcare and finance often have more stringent requirements due to sensitive personal data and regulatory oversight.

Before beginning an interview, interviewers must obtain explicit consent from participants and clearly explain the purpose, how the data will be used, and their right to withdraw at any time.

Reference:

• EU General Data Protection Regulation (GDPR), Articles 4(11) and 7 (defining and outlining conditions for valid consent). GDPR Text
• U.S. Federal Policy for the Protection of Human Subjects (“Common Rule”), 45 CFR 46. HHS Regulations

Organizations must follow data protection regulations when recording, storing, and analyzing information gathered from interviews. This often means de-identifying personal data where possible, implementing secure storage methods, and limiting data access.

Reference:

• GDPR (EU), Articles 5 and 32 (data processing principles and security measures). GDPR Text
• California Consumer Privacy Act (CCPA), Cal. Civ. Code §§ 1798.100–1798.199, emphasizing transparency, data access rights, and data security. CCPA Text

Maintaining the confidentiality of participants’ identities and the information they share is both an ethical and often a legal requirement. Many professional bodies outline confidentiality requirements in their codes of conduct.

Reference:

• ESOMAR (European Society for Opinion and Market Research) Guidelines: Provide standards to ensure confidentiality in research interviews. ESOMAR Guidelines
• American Marketing Association (AMA) Code of Ethics: Emphasizes confidentiality and responsible data usage. AMA Code of Ethics

Specific industries impose more stringent requirements due to the nature of the data collected and the regulatory environment in which they operate.

Compliance with the Health Insurance Portability and Accountability Act (HIPAA) is mandatory when collecting patient health information. Interviews must ensure Protected Health Information (PHI) is not disclosed without proper authorization.

Reference: HIPAA Regulations

Compliance with regulations enforced by the Securities and Exchange Commission (SEC) or Financial Industry Regulatory Authority (FINRA) may be required when interviewing customers about financial products. There may be restrictions on what can be discussed or recorded.

Interviews with healthcare professionals or patients may require adherence to Good Clinical Practice (GCP) guidelines or national regulations governing the use of real-world evidence. These interviews must be carefully structured to avoid off-label promotion and adhere to stringent data protection standards.

Reference: EU ePrivacy Directive (Directive 2002/58/EC) for telecom data and privacy. ePrivacy Directive

Privacy and cybersecurity regulations are stringent. Under GDPR or region-specific data protection laws, interviews dealing with user data, call recordings, or browsing habits must comply with transparency and minimal data retention requirements.

Reference: International Council for Harmonisation (ICH) E6(R2) Good Clinical Practice Guidance: ICH GCP

In addition to legal requirements, adherence to industry best practices and professional standards ensures ethical conduct and trustworthiness in research.

ESOMAR, AMA, and Insights Association provide guidelines for ethical interviewing, including participant rights, interviewer conduct, and data reporting accuracy.

Reference:

• ESOMAR Code of Conduct: ESOMAR Code
• AMA Statement of Ethics: AMA Statement of Ethics
• Insights Association Code of Standards and Ethics: Insights Association Code

Institutional Review Boards (IRBs) or Research Ethics Committees often oversee interview protocols to protect participants in academic and nonprofit settings.

Reference: U.S. Dept. of Health & Human Services: IRB Guidance

Conducting customer interviews involves navigating a complex landscape of legal, regulatory, and ethical requirements. While universal principles—like obtaining informed consent and ensuring confidentiality—apply broadly, specific obligations vary by industry and jurisdiction. Highly regulated industries like healthcare and finance impose stricter data protection and compliance standards, making it essential for organizations to seek legal counsel, stay updated on relevant laws, and adhere to recognized professional and industry guidelines.