Amidst all the advocacy wildfires for the insights industry, the Insights Association found significant wins on federal tax reporting thresholds, and support for professional insights education. Other legal, regulatory and legislative developments in July included heightened enforcement of data privacy and security rules, evolving policies on artificial intelligence, developments in health care, new state laws on non-compete agreements, challenges to the classification of research subjects as independent contractors, new accessibility rules in Europe, and more.
Tax
The longtime $600 threshold for reporting aggregate market research incentive payments to an individual is finally rising on federal IRS 1099 forms – a lot – thanks to the new big budget reconciliation law.
Privacy and Data Security
IA recently reminded the insights industry that the U.S. Department of Justice (DOJ) prohibits the transfer or sharing of personal data (mostly sensitive, and mostly in bulk amounts) with countries of concern (China, Cuba, Iran, North Korea, Russia, and Venezuela), people located in such countries, or companies under significant control of those countries. Not only has the rule been in effect for months, but the grace period for enforcement ended on July 8, 2025.
California Attorney General Rob Bonta announced a $1.55 million settlement this month with Healthline Media LLC — the largest penalty ever issued under the California Consumer Privacy Act (CCPA). While the headline figure itself is record-setting, the Healthline case holds deeper implications for market research, insights and analytics professionals who handle sensitive data, particularly in the realm of health information.
IA covered a trio of new state laws focused specifically on privacy and data security for children and teens:
- The Arkansas Children and Teens' Online Privacy Act requires consent to collect personal data --including names, e-mail addresses, and biometric data -- from teenagers aged 13-17 years old and parental consent to collect such information from children under 13 years old, along with a variety of other data rights.
- The Vermont Age-Appropriate Design Code Act restricts businesses offering online products, services, or features aimed at minors under the age of 18 from collecting, retaining, and disclosing minors’ personal data.
- The Nebraska Age-Appropriate Online Design Code Act restricts some businesses offering online services aimed at minors under the age of 18 from collecting and retaining minors’ personal data.
(The new Vermont and Nebraska laws have similarities to the California Age-Appropriate Design Code Act and the Maryland Kids Code.)
Health Care
A recent policy event in Washington, DC featured top policymakers discussing healthcare issues, including FDA drug approval, rural hospitals, Medicaid, and overhauling Medicare payments.
An important part of confronting cyber threats and health care data privacy and security will be modernizing the Health Insurance Portability and Accountability Act (HIPAA), according to a leading Senate Republican.
A new resource guide helps companies and organizations with complying with the HIPAA Security Rule, focused on how HIPAA covered entities and business associates should assess and manage risks to electronic protected health information (ePHI).
Artificial Intelligence
President Donald Trump released new proposals for regulating and supporting artificial intelligence (AI) on July 23, 2025. “America’s AI Action Plan” insists that the U.S. “needs to innovate faster and more comprehensively than our competitors in the development and distribution of new AI technology across every field, and dismantle unnecessary regulatory barriers that hinder the private sector in doing so.”
Meanwhile, a leading House Democrat said there is still an opportunity to set a regulatory approach to AI in Congress.
And the U.S. Senate stripped a proposed 10-year moratorium on most state regulation of AI out of the big budget reconciliation legislation before passage, but the tussles are not over.
On a more practical front, guidance from the United States Patent and Trademark Office (USPTO) indicates that an AI-assisted invention can be patentable if a human “significantly contributed” to it. Non-human entities cannot be named inventors on a patent.
Accessibility
The European Accessibility Act (EAA) came into force on June 28, 2025, introducing a single, harmonized standard for accessibility across the European Union. If you operate a digital platform, website, mobile app, or provide online services available to EU users, the EAA directly impacts your business, even if you’re not based in Europe.
Human Resources
The big tax and budget reconciliation law, signed by President Trump on July 4, 2025, includes a provision sought by the Insights Association to empower the insights industry’s workforce with more flexible and affordable approaches to education and training. The Freedom to Invest in Tomorrow’s Workforce Act, which expands qualified expenses under 529 savings plans to include postsecondary training and credentialing, such as licenses and professional certifications and certificates, is part of the One Big Beautiful Bill Act. These provisions permit certain expenses associated with obtaining or maintaining postsecondary credentials (such as licenses, certifications, or certificates) to be treated as qualified higher education expenses for purposes of 529 tax savings accounts.
The new Florida CHOICE Act expands employer’s ability to enforce qualifying noncompete and garden leave agreements in employment contracts for staff making more than twice the annual local mean wage, and allows such agreements to last up to four years.
A new Wyoming law bans most new non-compete covenants entered into on or after July 1, 2025. Pre-existing non-competes are not impacted.
Research Subjects = Independent Contractors
New federal legislation would harmonize the federal definition of “employee” in a manner friendly to treating research subjects as independent contractors when they receive incentives for market research participation.
Unfortunately, new regulations proposed in New Jersey “could unintentionally classify research subjects who receive occasional incentives for participating in market research as employees,” according to the Insights Association.
Miscellaneous
Following the announcement that it would not enforce the Corporate Transparency Act (CTA) beneficial ownership information (BOI) reporting rule in March, 2025, the federal government went a step farther and ended the rule’s applicability to U.S. shell companies.
In response to the federal government effectively repealing the CTA’s small business beneficial ownership reporting requirements, New York is on the verge of enacting the same since-repealed requirements on entities registered in the state.
The Insights Association has urged the federal government to add the market research ISO 20252 to the list of approved and accepted certifications for federal contractors.
As part of a newly-announced trade deal between the U.S. and Indonesia, the White House stressed the agreement would "unlock major breakthroughs for America’s... digital sectors."
Continuing support for the insights industry
The Insights Association sizzles with pride in all our members and sponsors -- you provide the resources we need to defend and advance the whole insights industry. We are the ONLY association rushing into the fire for you on all these issues (and more) in the U.S.
We remain available to answer your questions on these and other legislative, regulatory and legal issues. Please just reach out.
This information is not intended and should not be construed as or substituted for legal advice. It is provided for informational purposes only. It is advisable to consult with private counsel on the precise scope and interpretation of any laws/regulation/legislation and their impact on your particular business.
About the Author
Based in Washington, DC, Howard is the Insights Association's lobbyist for the marketing research and data analytics industry, focusing primarily on consumer privacy and data security, the Telephone Consumer Protection Act (TCPA), tort reform, and the funding and integrity of the decennial Census and the American Community Survey (ACS).
Howard has more than two decades of public policy experience. Before the Insights Association, he worked in Congress as senior legislative staffer for then-Representatives Christopher Cox (CA-48) and Cliff Stearns (FL-06). He also served more than four years with a science policy think tank, working to improve the understanding of scientific and social research and methodology among journalists and policymakers.
Howard is also co-director of The Census Project, a 900+ member coalition in support of a fair and accurate Census and ACS.
He has also served previously on the Board of Directors for the National Institute for Lobbying and Ethics and and the Association of Government Relations Professionals.
Howard has an MA International Relations from the University of Essex in England and a BA Honors Political Studies from Trent University in Canada, and has obtained the Certified Association Executive (CAE), Professional Lobbying Certificate (PLC) and the Public Policy Certificate (PPC).
When not running advocacy for the Insights Association, Howard enjoys hockey, NFL football, sci-fi and horror movies, playing with his dog, and spending time with family and friends.