Legal Advice for Digital Influencers: Protect Your Career with Specialized Legal Support

The digital influencer career is rapidly growing, bringing new legal responsibilities that many influencers are unaware of. A strong online presence offers incredible opportunities, but it also requires legal precautions to avoid potential issues. In this article, we’ll cover the key legal points every influencer should know.

1. The Importance of Having a Formal Contract

Many influencers make agreements through WhatsApp or email messages without formalizing contracts. While this may seem convenient, the lack of a legal document can lead to serious problems. A contract is essential to ensure that both the influencer and the company fulfill their obligations. Key contract points include:

• Exclusivity: Defining whether the influencer can work with competitors or not.

• Confidentiality: Protecting sensitive information about the company and the campaign.

• Intellectual Property: Clarifying who owns the rights to the content created.

2. Employment and Tax Obligations

If the relationship between the influencer and the brand becomes long-term or exclusive, it may lead to employment obligations. This could grant the influencer labor rights, such as paid vacations and a 13th salary. Additionally, influencers without a registered business may face challenges with tax payments, like income tax and social security contributions.

Opening a business or registering a trademark is essential for organizing financial matters and avoiding tax issues. It also allows influencers to issue invoices, which can professionalize their business and increase credibility with brands.

3. Compliance with Advertising Regulations

Every advertising campaign must comply with the guidelines of the CONAR (National Council of Advertising Self-Regulation) and the Consumer Protection Code (CDC). This means that advertisements must be honest, clear, and not misleading. Sponsored posts should be clearly marked as advertisements, and exaggerated or false claims can lead to lawsuits and fines.

4. LGPD: Protect Your Followers' Data

The General Data Protection Law (LGPD) requires that any person or company handling personal data—such as names, emails, or any information from followers—must take specific precautions. As an influencer, you must ensure that your followers' data is used correctly and transparently. This is crucial to avoid penalties and maintain trust with your audience.

5. Code of Conduct for Influencers

In 2017, the ABRADI (Brazilian Association of Digital Agencies) launched the Code of Conduct for Influencer Hiring. This code aims to guide best practices between brands and influencers, establishing ethical and legal standards for partnerships. Adhering to these guidelines can help influencers stand out in the market and avoid potential legal complications.

If you're a digital influencer or starting your career, having specialized legal support is essential to protect your image, work, and rights. Formalizing contracts, complying with advertising regulations, and adapting to the LGPD are crucial steps to ensure success and safety in your business.