United States: EEOC Final Wellness Regulations Under The ADA And GINA Increase Compliance Burden For Wellness Programs

On May 17, 2016, the Equal Opportunity Commission (EEOC) published final rules under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). This guidance layers on top of, and in many instances is inconsistent with, previously issued guidance under HIPAA and the Affordable Care Act (ACA). The resulting interplay between the ADA, GINA and HIPAA/ACA can be particularly complex. Accordingly, employers need to examine their wellness programs to determine which, if any, of these rules apply and what steps may need to be taken to comply with them. In particular, the new ADA and GINA regulations may require employers to make one or more of the following adjustments to their wellness programs, depending upon the current design of the program:

  • reduce the size of the reward for participating in the wellness program;
  • provide employee notices regarding the details of the wellness program;
  • eliminate provisions that deny employees the ability to enroll in the employer's health plan (or particular benefit options under the plan) if they refuse to participate in the wellness program;
  • ensure that follow-up information or advice is provided to employees who must complete screenings or other tests that collect health information (or that the collected information is used to design a program to address identified conditions); and
  • obtain authorizations from spouses who complete questionnaires or medical examinations in order to receive a wellness reward.

This Alert summarizes the new ADA and GINA rules, including the types of wellness programs that may be subject to those rules, and how they differ from existing ACA rules.

ADA Wellness Rules

The ADA prohibits employers from making disability-related inquiries or requiring medical examinations unless an exception applies. The subject of the final regulations is the voluntary employee health program exception which includes many wellness programs. In particular, the regulations clarify and expand upon prior EEOC guidance identifying the required parameters for a wellness program to fit within the voluntary employee health program exception. Those required parameters are as follows.

Reasonable design. The wellness program must have a reasonable chance of improving health or preventing disease, not be overly burdensome, not act as a subterfuge for violating the ADA, GINA or any other anti-discrimination employment law, and not be highly suspect in the method chosen to promote health or prevent disease. In that regard, the regulations provide that wellness programs:

  • must, to the extent that they consist of a measurement, test, screening, or collection of health-related information, either:

    • provide results, follow-up information, or advice designed to improve the health of participating employees (such as providing feedback about specific risk factors); or
    • use the collected information to design a program that addresses at least a subset of the conditions identified (such as diabetes coaching if the wellness program reveals that a significant number of employees in the employer's workforce have diabetes); and
  • cannot exist mainly to shift costs from the employer to targeted employees based on their health or to give an employer information to estimate future health care costs.

Voluntary. Employers cannot mandate participation in a wellness program or take any adverse employment action, retaliate against, interfere with, coerce, intimidate, or threaten employees in connection with the program. For example, employers cannot coerce an employee to participate in a wellness program or threaten to discipline an employee who does not participate. Additionally, employers cannot deny access to coverage under the employer's health plan (or to any particular benefit package within a plan) because of an employee's failure to participate in a wellness program.* For example, wellness programs cannot be used as a "gateway" to an enhanced benefit package within an employer's health plan.

* Such practices could be permissible under the ADA "insurance" exception - which allows employers to observe "underwriting" and "risk classification" terms of a bona fide benefit plan. In fact, two district courts have relied upon the "insurance" exception to permit employers to either deny access to health coverage or impose significant penalties with respect to that coverage for employees who refused to participate in the employer's wellness programs. However, the final regulations reiterate the EEOC's position that the insurance exception does not apply to wellness programs - since employers do not, in the EEOC's view, use wellness programs to collect or use information to set insurance premiums or determine whether employees with certain health conditions are insurable. Rather, employers use wellness programs to make employees healthier and to reduce health care costs, activities which do not constitute protected underwriting or risk classification. Which of these (EEOC or judicial) interpretations of the ADA insurance exception will prevail remains to be seen. In the meantime, employers relying upon the ADA insurance exception to maintain wellness programs that do not comport with one or more aspects of the final regulations (i.e., that do not fit within the voluntary employee health program exception) will be at risk of participant and EEOC challenges.

Maximum reward/penalty. According to the EEOC, the incentives for participation in a wellness program cannot be so substantial as to be coercive. Accordingly, a wellness program must limit the reward offered to employees in exchange for participation (or the penalty imposed for non-participation) to 30% of the total cost of employee-only coverage (including both the employee's and employer's contribution). The plan used to measure the limit will depend upon the circumstances but will generally be the lowest cost plan offered by the employer. Employers should also consider the following points with respect to the 30% calculation.

  • The employee-only cost is used regardless of whether or not the employee's spouse or dependents are also enrolled in the employer's health coverage (but a separate incentive may be offered to spouses to complete a health risk assessment (HRA) as described in the GINA summary below).
  • Both financial and in-kind incentives must be taken into account in the calculation, and there is no de minimis exception - so that all rewards of any value must be included. Examples of in-kind incentives include time-off awards, prizes, and any other item of value. In response to concerns about the difficulty of valuing some rewards (e.g., employee recognition, use of a parking spot, easing of a dress code, etc.), the EEOC stated that employers have flexibility and may use any reasonable method to determine the value of in-kind incentives.
  • The limit does not apply to smoking cessation programs that merely ask employees whether or not they use tobacco (since that is not a disability-related inquiry or medical examination). Accordingly, the 50% limit under the ACA will generally apply to these programs (as described below). However, where an employer requires any biometric screening or other medical procedure that tests for the presence of nicotine or tobacco, the ADA's 30% limit will apply.

Employee notice. The final regulations adopt a written notice requirement pursuant to which employers must inform employees about the type of medical information that will be obtained under a wellness program, how the medical information will be used, who will receive the medical information, the restrictions on its disclosure, and the methods the employer will implement to prevent improper disclosure. A sample notice that can be used to satisfy this requirement will be posted to the EEOC website in the near future.

Confidentiality. The final regulations add confidentiality requirements with respect to medical information obtained under a wellness program. First, the information that wellness programs share with employers must generally be aggregated so as not to identity specific individuals. Second, employers cannot require employees to agree to the sale, exchange, sharing, transfer, or other disclosure of medical information as a condition for participating in a wellness program. To the extent a wellness program is subject to existing HIPAA privacy rules, these ADA requirements can be satisfied by complying with those rules.

Affected Programs. The above ADA rules only apply to wellness programs that include disability-related inquiries or medical examinations. However, unlike the HIPAA/ACA rules, the ADA rules apply regardless of whether or not a wellness program is part of an employer's group health plan. For example, wellness programs that provide cash rewards to employees who complete HRAs are not group health plans and therefore are not subject to HIPAA/ACA. However, because they include disability-related inquiries, they are subject to the ADA rules (notwithstanding that they are not part of the employer's group health plan). Additionally, the EEOC noted that although the regulations do not apply to wellness programs that do not include disability-related inquiries or medical examinations, all wellness programs are subject to the ADA's reasonable accommodation requirement to enable individuals with disabilities to have equal access to those programs. This means, for example, that a smoking cessation class might need to include a sign language interpreter for an employee who is deaf and materials in an accessible format (like Braille or large print) for an employee who is blind, and a program that requires a certain amount of walking would require an alternative to for an employee who uses a wheelchair.

Effective date.   According to the EEOC, all of the provisions of the final regulation - except for the 30% limit on rewards/penalties and the new employee notice requirement - simply clarify existing obligations under the ADA and are therefore applicable both before and after publication of the regulation. The 30% incentive limit and new employee notice requirement apply as of the first day of the plan year that begins on or after January 1, 2017 (for the health plan used to determine the level of the wellness incentive).

GINA Wellness Rules

GINA generally prohibits employers from offering inducements of any kind (financial or in-kind) for an individual to provide genetic information (which includes family medical history). However, under a so-called voluntary wellness program exception, inducements can be offered to complete a HRA - as long as the inducement is available whether or not the participant responds to questions regarding genetic information (and the employer clearly identifies which questions in the HRA can be skipped with no impact on the receipt of the inducement). Prior to the final GINA regulations, it was not clear how this voluntary wellness program exception applied to spousal HRAs – since spouses are family members of employees and therefore any information spouses provide about their own health status constitutes genetic information (family medical history) with respect to the employee. In response to this uncertainty, the GINA regulations affirm that employers may offer limited inducements for an employee's spouse to complete a HRA, provided that the following conditions are satisfied.

Scope of GINA regulation. The GINA regulations permit limited inducements for an employee's spouse to complete a HRA that requests information about the spouse's health status (notwithstanding that such information constitutes genetic information (family medical history) with respect to the employee). They do not, however, permit inducements for (i) an employee's spouse to provide his or her own genetic information (including the spouse's own family medical history) or (ii) information about the health of an employee's children (even if the child is an adult). Rather, this information remains subject to the voluntary wellness program exception noted above – pursuant to which employers may request the information but may not condition any available inducements on its provision.

Reasonable design. In order to offer an inducement for an employee's spouse to complete a HRA (which may include a questionnaire or medical examination, such as a blood pressure test or blood test to detect high cholesterol or high glucose levels), the HRA program must satisfy the same reasonable design requirements described above with respect to ADA wellness programs and in addition may not penalize an employee because of a spouse's health condition. For example, an employer may not deny an employee a wellness program inducement because the employee's spouse has blood pressure, a cholesterol level, or a blood glucose level that the employer considers too high.

Voluntary. Similar to the ADA rule with respect to ADA wellness programs, the GINA rules prohibit employers from denying access to coverage under the employer's health plan (or to any particular benefit package within a plan) or from retaliating against an employee because of a spouse's refusal to complete a HRA.

Maximum reward/penalty. Under the GINA regulations, the maximum reward that can be offered to an employee whose spouse completes a HRA as part of an employer's wellness program is 30% of the total cost of employee-only coverage (including both the employee's and employer's contribution). As with the ADA limit, the plan used to measure the 30% GINA limit will generally be the lowest cost plan offered by the employer. Notably, the reward available for a spouse's completion of a HRA is in addition to any reward that can be provided to employees for participation in an ADA wellness program. Accordingly, employees may receive up to 60% of the cost of employee-only coverage when both the employee and the spouse complete HRAs as part of an employer's wellness program. However, if a wellness program is also subject to the ACA, a lower limit could potentially apply.

Authorization. Employers must obtain a prior, knowing, voluntary, and written authorization for a spouse to complete a HRA. This is the same authorization requirement that currently applies when employees are asked to provide family medical history (or other genetic information) in connection with a voluntary wellness program.

Confidentiality. The GINA regulations extend the same confidentiality protections noted above with respect to ADA wellness programs to the information provided by a spouse in response to a HRA that is part of an employer-sponsored wellness program.

Affected Programs. The final GINA regulations apply only where a portion of the inducement offered within a wellness program is for an employee's spouse to answer questions about his or her current or past health status or to take a medical examination. Like the ADA rules, the GINA rules apply without regard to whether or not the wellness program is a group health plan subject to HIPAA/ACA.

Effective date. The 30% limit on the inducement that can be offered for a spouse to complete a HRA will apply to plan years that begin on or after January 1, 2017 (for the health plan used to determine the level of the wellness incentive). The remaining provisions of the GINA regulations simply clarify existing GINA obligations and are therefore applicable both before and after publication of the regulation.

How the ADA and GINA Rules Compare to Existing HIPAA/ACA Wellness Rules

HIPAA and the ACA generally prohibit group health plans from discriminating against participants and beneficiaries based upon health factors. For example, if an employer's group health plan charged higher premiums to participants with certain medical conditions, that would violate applicable HIPAA/ACA discrimination rules. However, wellness programs designed to promote health and/or prevent disease are excepted from the otherwise applicable HIPAA/ACA discrimination rules and may, subject to certain criteria, vary cost-sharing mechanisms (such as deductibles, copayments, or coinsurance), premiums or contributions based upon a health factor. For example, a program that satisfies the HIPAA/ACA wellness criteria could vary employee health premiums based upon the results of biometric screenings. The HIPAA/ACA wellness criteria depend upon whether the wellness program is "participatory" or "health-contingent."

Participatory programs simply reward participation in a wellness program and may include health education seminars, HRAs (that require no further action by the employee), payments towards fitness center membership, etc. Under the ACA rules, participatory programs simply need to be made available to all similarly situated individuals.

Health-contingent programs, on the other hand, require a participant to satisfy a standard related to a health factor in order to obtain a reward. Health-contingent programs consist of (i) activity-based programs that reward participants for completing an activity related to a health factor but do not require any specific health outcome (e.g., walking, diet, or exercise) and (ii) outcome-based programs that reward participants for designated health outcomes (e.g., quitting smoking, attaining a certain blood pressure or glucose level). Like participatory wellness programs, health contingent wellness programs must be made available to all similarly situated participants, but in addition, must also (i) give eligible individuals an opportunity to qualify for the reward at least once per year (ii) have a reasonable design, (iii) limit the size of the reward to 30% (50% for programs designed to prevent or reduce tobacco use) of the total cost of self-only coverage in which the employee is enrolled (or, if spouse/dependents can participate in the program 30%/50% of the total cost of coverage in which the employee/dependents are enrolled) (iv) provide reasonable alternative standards and (v) provide a notice of the alternatives.

Some of the differences between these rules and the ADA and GINA rules are highlighted below.

  • New limit for ACA participatory (and non-ACA) programs that include disability-related inquiries. Under the ACA, the 30% limit on wellness rewards applies only to health contingent wellness programs that are included in group health plans. The 30% ADA limit, however, applies to all wellness programs that include disability-related inquiries or medical exams (including ACA participatory programs and non-ACA programs, neither of which is currently subject to any limits). This means that effective as of the first plan year beginning on or after January 1, 2017, the rewards for ACA participatory and non-ACA programs may need to be adjusted (in order to comport with the 30% ADA limit). Examples of these programs include biometric screenings and HRAs that do not require attainment of a health-related standard.
  • ACA health contingent (non-tobacco) programs that include disability-related inquiries generally must use lowest cost employee only coverage (even if employee is enrolled in another option). Under the ACA, the reward for health contingent wellness programs is currently limited to 30% of the cost of employee-only coverage in which the employee is enrolled (or, for programs that include spouses and dependents, 30% of the cost of coverage in which the employee/dependents are enrolled). Effective as of the first plan year beginning on or after January 1, 2017, if the program consists of disability-related inquiries or medical exams, the limit under the ADA cannot exceed 30% of the lowest cost employee-only coverage. Examples of such programs include biometric screenings and HRAs that require participants to attain designated goals.
  • Reduced limit for ACA health contingent tobacco programs that include disability-related inquiries. The reward for ACA health contingent wellness programs that are designed to prevent or reduce tobacco use is currently 50% of the cost of employee-only coverage in which the employee is enrolled. Effective as of the first plan year beginning on or after January 1, 2017, if the health contingent tobacco use program includes disability-related inquiries or involves medical examinations (for example, includes medical procedure that tests for the presence of nicotine or tobacco), the 50% incentive must be reduced to 30% the lowest cost employee-only coverage.
  • Reasonable accommodations. Under the ADA, regardless of whether a wellness program includes disability-related inquiries or medical examinations, reasonable accommodations must be provided, absent undue hardship, to enable employees with disabilities to earn whatever financial incentive an employer or other covered entity offers. Providing a reasonable alternative standard and notice to the employee of the availability of a reasonable alternative under HIPAA/ACA as part of a health-contingent program would generally fulfill an employer's obligation to provide a reasonable accommodation under the ADA. However, under the ADA, an employer would have to provide a reasonable accommodation for a participatory program even though HIPAA and the ACA do not require such programs to offer a reasonable alternative standard, and reasonable alternative standards are not required at all if the program is not part of a group health plan.
  • Reasonable design. ACA participatory wellness programs are not subject to a reasonable design standard. Additionally, the reasonable design standard that applies under the ADA and GINA is more stringent than the ACA reasonable design standard that applies to health contingent wellness programs.


 

HIPAA/ACA

ADA

GINA

Covered wellness programs

group health plans

programs that include disability-related inquiries or medical exams with respect to employees

(does not apply to wellness programs that merely ask about tobacco use but does apply to wellness programs that test for the presence of tobacco or nicotine)

programs that ask spouses to complete HRAs

(does not apply to wellness programs that ask about, or test for, a spouse's tobacco use)

Maximum permissible reward/penalty

Participatory program

no limit

Health contingent program for employees

30% (50% for programs designed to prevent or reduce tobacco use) of the total cost of employee only coverage for the plan in which the employee is enrolled

Health contingent program for employees and spouses/dependents

30% (50% for programs designed to prevent or reduce tobacco use) of the total cost of coverage for the plan in which the employee / dependents are enrolled

30% of the lowest cost employee only coverage

30% of the lowest cost employee only coverage

Notice

Participatory 

none

Health contingent 

reasonable alternative standard notice requirement

Employee notice requirement

(EEOC model available)

Authorization must be obtained from spouse

Employer is prohibited from denying access to health coverage (or particular benefit options under the employer's health plan) for failure to participate in the wellness program

No

Yes

Yes

Follow-up information/advice must be provided to employees who complete screenings or blood tests

No

Yes

(alternatively, information collected may be used to design a program to address identified conditions)

Yes

(alternatively, information collected may be used to design a program to address identified conditions)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.