Complaint OEN549709
Date created
Apr 15, 2021
Date completed
Feb 16, 2022
Region Complainant
Europe
Region Defendant
Asia
Association
ESOMAR
ESOMAR Code
Article 7 Transparency
Article 9 Professional responsibility
Public Resolution
Feb 16, 2022
This complaint concerned an issue of quality control between two ESOMAR members, based in Russia and China respectively. There was also a documented breakdown of communication between the parties, as well as concerns with regards to data protection regulations.The Disciplinary Sub Committee (hereafter the Committee), upon review, concluded and advised the following:
As per Art.7c of the ICC/ESOMAR Code (the Code), researchers must allow clients to conduct quality control checks upon request to allow full transparency. However, Art.6 of the Code also requires strict considerations to be taken with regards to privacy and data protection. The Committee understand that this is an area that can raise concerns during research projects, especially as countries introduce more stringent regulations for international transfers of data.
The Committee advise all members to clearly state at the outset of any contractual discussions the limitations imposed on the transfer of personal data, along with assigning responsibility in the event of any concerns with regards to the quality of research. If particular steps must be taken to permit the transfer of personal data, companies should either clearly state these steps to the other party, or find an alternative means that does not necessitate the transfer of personal data.
The Committee hold that disputes can be avoided be ensuring these terms are clearly stated in the contract between parties, and remind members that they will not assign legal responsibility in such matters.
Further to this, the Committee reviewed extensive email communications between both parties, which displayed a lack of the professionalism and courtesy expected of ESOMAR members as per Art.9 of the Code. The Committee noted multiple instances of unclear communication, poor language, and a lack of mutual respect between the two parties. This falls below the standard of professionalism expected of members, and if repeated may bring disrepute to the sector as a whole.
The Committee remind all members to maintain respect in their communications, and ensure that all facts are communicated clearly and transparently. Clear communication is vital to a working business relationship, particularly when dealing with cross-border projects, and can prevent any breakdown of the relationship as in this instance.
The Committee decided to take no action against the respondent in this instance, however a warning letter was sent to the respondent outlining the above points.