5. Ethical and Legal Considerations in Research Subject and Data Protection

In the age of the knowledge and information society, marketing is becoming more complex. Market research is facing new challenges with the introduction of new forms of approach to consumer behavior. The new field that emerged as neuromarketing might become a linchpin in leading innovation in this field. The pure rational consumer is being questioned and emotions are playing a central role in any marketing strategy. Traditional market research methods have demonstrated some inconvenience to gather reliable data and neuromarketing is opening new possibilities to marketing professionals using new methods to delve into personal emotions, stronger than the classical ones. In this sense and although some of the neuroimaging techniques are used in other disciplines, the application to market research is growing rapidly and providing a new perspective and contributing to better understand and predict consumer behavior. Nowadays, consumers have more information than ever before. Consumer’s mind is uncontrollable. From marketing perspective, neuromarketing is becoming mainstream but can’t be done at the expense of privacy, neither consumer’s free will. Over the last decade, neuroethics arose as a way to draw the attention concerning the use of techniques involving brain research. Academia and companies need to comply ethical procedures and legal protocols while conducting neuromarketing research. This chapter wants to shed some light on important topics such as ethical issues involving participants in neuromarketing research, consumers that experience the outcomes of such studies, and also researchers that conduct them. Neuromarketing, as a new discipline, is expected to face exciting challenges in the near future. Improving neuroethics, privacy, and confidentiality inherent to research subjects while conducting research are no doubt some of them.