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Market Research Agreement

Market Research Agreement Template for Germany

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Key Requirements PROMPT example:

Market Research Agreement

"I need a Market Research Agreement for conducting consumer behavior research across multiple German cities, with specific emphasis on data protection compliance and online survey methodology, to be completed by March 2025."

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Document background
A Market Research Agreement is essential when companies engage professional research agencies to conduct market studies, consumer surveys, or competitive analysis in Germany. This document is specifically structured to comply with German legal requirements, including the German Civil Code (BGB), data protection laws (GDPR and BDSG), and market research industry standards. It should be used whenever a company commissions market research services, defining the scope of research, methodology, deliverables, data handling procedures, and commercial terms. The agreement addresses crucial aspects such as data protection compliance, intellectual property rights, confidentiality obligations, and quality standards while incorporating specific German legal considerations for contract formation and execution.
Suggested Sections

1. Parties: Identification of the client and market research company, including full legal names and addresses

2. Background: Context of the agreement and brief description of the research project

3. Definitions: Key terms used throughout the agreement, including 'Research Services', 'Deliverables', 'Research Data', 'Confidential Information'

4. Scope of Services: Detailed description of the market research services to be provided

5. Research Methodology: Agreed approach, methods, and techniques for conducting the research

6. Timeline and Deliverables: Project schedule, milestones, and description of expected outputs

7. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing details

8. Data Protection and GDPR Compliance: Obligations regarding personal data processing, including roles as controller/processor

9. Confidentiality: Protection of confidential information and research data

10. Intellectual Property Rights: Ownership and usage rights of research results and materials

11. Client Obligations: Client's responsibilities including provision of information and materials

12. Quality Standards: Compliance with market research industry standards and quality assurance

13. Liability and Indemnification: Limitation of liability and indemnification provisions

14. Term and Termination: Duration of agreement and termination provisions

15. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Participant Recruitment: Detailed provisions for recruiting research participants, used when the research company is responsible for recruitment

2. International Data Transfers: Required when research involves data transfers outside the EU/EEA

3. Subcontracting: Include when the research company may need to engage third-party service providers

4. Research Incentives: Include when participant compensation or incentives are part of the research

5. Non-Compete: Optional restrictions on working with competitors, if relevant to the project

6. Insurance: Specific insurance requirements, particularly for high-value or high-risk research

7. Force Majeure: Provisions for unforeseen circumstances affecting research execution

8. Change Management: Procedures for handling changes to research scope or methodology

Suggested Schedules

1. Schedule 1 - Research Specification: Detailed technical specification of the research project

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, costs, and payment milestones

3. Schedule 3 - Timeline and Deliverables: Detailed project timeline and deliverables specification

4. Schedule 4 - Data Processing Agreement: Detailed GDPR-compliant data processing terms

5. Schedule 5 - Quality Standards: Applicable industry standards and quality metrics

6. Appendix A - Research Questionnaire: Sample questionnaires or research instruments

7. Appendix B - Reporting Templates: Agreed formats for research reports and deliverables

8. Appendix C - Key Personnel: List of key team members and their roles

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Business Day
Client
Client Materials
Confidential Information
Data Protection Laws
Data Subject
Deliverables
Effective Date
Field Work
Force Majeure
GDPR
Intellectual Property Rights
Market Research Services
Methodology
Panel
Personal Data
Processing
Project
Project Brief
Project Fee
Quality Standards
Research Data
Research Materials
Research Participant
Research Period
Research Project Manager
Research Proposal
Research Reports
Research Results
Research Specification
Research Team
Respondent Data
Services
Subcontractor
Term
Territory
Third Party
Timeline
Working Hours
Clauses
Interpretation
Services
Methodology
Project Management
Deliverables
Timeline
Payment Terms
Client Obligations
Service Provider Obligations
Data Protection
GDPR Compliance
Research Ethics
Quality Standards
Confidentiality
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Change Control
Subcontracting
Assignment
Notice
Dispute Resolution
Governing Law
Entire Agreement
Severability
Research Participant Rights
Documentation
Reporting Requirements
Audit Rights
Insurance
Non-Solicitation
Compliance with Laws
Personnel
Records Retention
Relevant Industries

Consumer Goods

Retail

Technology

Healthcare

Financial Services

Automotive

Telecommunications

Manufacturing

Media and Entertainment

Food and Beverage

Pharmaceuticals

Energy

Professional Services

E-commerce

Education

Relevant Teams

Legal

Marketing

Market Research

Procurement

Business Development

Product Development

Strategy

Innovation

Customer Insights

Data Protection

Commercial

Finance

Brand Management

Relevant Roles

Market Research Manager

Marketing Director

Business Development Manager

Product Manager

Brand Manager

Chief Marketing Officer

Research Director

Legal Counsel

Data Protection Officer

Procurement Manager

Commercial Manager

Strategy Director

Innovation Manager

Customer Insights Manager

Marketing Analytics Manager

Industries
GDPR (General Data Protection Regulation): EU-wide regulation for personal data protection, particularly relevant for collecting, processing, and storing research participants' data
German Federal Data Protection Act (BDSG): National implementation of GDPR and additional German-specific data protection requirements
German Civil Code (BGB): Provides the fundamental framework for contract law, including formation, performance, and termination of contracts
German Commercial Code (HGB): Governs commercial relationships and transactions between businesses
ADM Code of Standards: Standards set by the Arbeitskreis Deutscher Markt- und Sozialforschungsinstitute (ADM) for market and social research in Germany
Act Against Unfair Competition (UWG): Regulates market behavior and prevents unfair competitive practices in market research
ICC/ESOMAR International Code: International standards for market, opinion, and social research that are recognized in Germany
German Telemedia Act (TMG): Relevant for online market research and data collection through digital means
Working Hours Act (ArbZG): Relevant when conducting research involving employee interviews or workplace studies
Price Indication Regulation (PAngV): Relevant for market research involving price comparisons or consumer price perception studies
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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