Liability insurance for a market research agency
A research agency rarely causes physical damage. The claims are about conclusions on which a client based a decision, and about respondents' data being exposed.
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In brief
For a market research agency the main question is which claim belongs where. A client who says your sample was not representative, that the questions led respondents or that your conclusion caused a failed product launch is claiming money with nothing broken and no one injured. That is pure financial loss and it is excluded on the public and employers' liability insurance. It belongs on professional indemnity insurance, which is made for precisely those professional errors in advice and research.
What the AVB does do for you lies in the fieldwork. Interviewers calling at the door, interviewers in shopping centres, mystery shoppers in bars and shops and researchers taking equipment to a test location: ordinary injury and property damage arises there, for which Article 6:162 of the Dutch Civil Code is the basis. A tripod knocked over in a shop, a respondent tripping over a cable in your focus group room, or a test product causing a fire in someone's home. Report expressly, therefore, that you carry out fieldwork; a policy based on office work alone is too narrow.
Three things stay out of the picture. The costs of a data breach involving panel or respondent data — investigation, notification, putting matters right, claims by those concerned — belong on cyber insurance. A administrative fine from the Dutch data protection authority is not insurable anywhere, because it is a punishment. And equipment, recording rooms or test items you have in your have in your carefrom a client fall under the care, custody and control exclusion.
This page deals with one situation. The full overview is on Compare public and employers' liability insurance (AVB).
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We look at the terms as well as the premium, and stay your point of contact when there is a claim.
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We cancel your old policy and align the start date, so you are never a day without cover.
Help with claims
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
What to look out for
Four subjects that determine at a research agency which policy picks up a claim.
Research data is almost always personal data
Panel files, recordings of focus groups and open answers contain identifiable data. Retention periods, anonymisation and data processing agreements are not formalities here but the basis of your liability towards respondents. The liability policy does not cover those claims; deal with it on the privacy and cyber side.
What you agree with clients about use
Reports are forwarded, quoted in press releases and included in policy documents. Set out what purpose the research is suitable for and what limitations apply. A claim about a wrong decision affects your professional indemnity; contractual liability going beyond the law is usually excluded on both policies.
Field staff and interviewers hired in
Interviewers work in the street, at the door and in shops. If they are employed or work under your direction, your duty of care under Article 7:658 of the Dutch Civil Codeapplies, including for hired-in workers through subsection 4. State the number of field staff and how they work on your application. An incomplete declaration can have consequences under Article 7:928 of the Dutch Civil Code.
Hired locations and equipment
For focus groups and product tests you hire rooms with one-way screens, recording equipment and furniture. Damage to that hired property falls under the care, custody and control exclusion; damage to the hired premises themselves calls for the tenant's liabilitysection. Ask about both expressly if you regularly work on location.
What does your premium depend on?
- Annual turnover: the usual basis for a consultancy
- Payroll and number of employees: the measure for the employers' section
- Share of fieldwork: work on location brings injury and property damage with it
- Interviewers hired in: this counts towards your duty of care
- Handling of respondent data: the size and sensitivity of the files
- Sum insured and excess: per claim and per insurance year
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| An interviewer lets a tripod fall against a display case in a shopping centre | Yes | No |
| A respondent trips over a cable in your focus group room and breaks an arm | Yes | No |
| A test item a participant tries out at home causes a short circuit and a fire | Yes | No |
| The client says your sample was not representative and claims for a failed product launch | No | Yes |
| You deliver the report two weeks late and the client misses his launch date | No | Provided that |
| The Dutch data protection authority imposes a fine after an inspection of your panel file | No | No |
The fieldwork determines your AVB, the report determines your professional indemnity cover.
Frequently asked questions
This is what people ask us most.
Our client says the research was incorrect and claims damages.
A claim of that kind is about lost turnover or investment spent wrongly, without injury or damaged property. That is pure financial loss and is excluded on public and employers' liability insurance. The right policy is professional indemnity insurance. Note the notification arrangements: those covers usually work on the basis of the moment the claim is brought.
What does liability insurance cover for us, then?
Injury and property damage you cause to others. Think of an interviewer damaging something in a respondent's home, a visitor falling in your office or test room, or equipment causing damage during fieldwork. Liability towards your own staff falls under it as well, provided the employers' liability section is included.
Panel data leaks from our research system. Is that covered?
Not under public and employers' liability insurance. The costs of forensic investigation, notification of those concerned, restoring systems and respondents' claims belong on cyber insurance. An administrative fine from the regulator stays outside cover in all cases, because it is a sanction and not compensation.
We test clients' products with respondents at home. Who is liable?
If the product causes damage, the producer is liable in principle. Your role is that of distributor, and you can be held liable if the producer is unknown or unreachable or if you gave insufficient instructions yourself. Record which instructions for use and warnings you sent with it, and agree with the client who carries the product risk.
Every situation is different. For these situations we have a separate page.
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