One of the most recurring misconceptions is to treat the contract with influencers as a simple service term; In practice, this relationship involves much more complex aspects than the delivery of content
We live the age of digital, where a brand reputation can strengthen or crumble in just 15 seconds of video. The search for visibility and connection with the public makes influence marketing one of the most powerful and companies disputed by companies. But, along with the and the There are also legal risks, often underestimated in enthusiasm for agile and creative campaigns.
Behind each partnership with influencers, there are contractual, regulatory, reputational and even data protection implications that require extra attention. In this scenario, the role of the legal department becomes increasingly strategic: not as a brake on marketing actions, but as an ally in the construction of solid, safe and aligned campaigns. Today, I share some recommendations capable of guiding partnerships with digital influencers, preventing legal risks and protecting brand reputation in a high exposure scenario.
The contract as an instrument of governance and risk mitigation
One of the most recurring misconceptions is to treat the contract with influencers as a simple service term. In practice, this relationship involves much more complex aspects than the delivery of content itself: it is the direct association between the image of the influencer and the reputation of the brand.
Given this, it is recommended that the legal department act preventively, collaborating with the definition of clauses that accurately reflect the campaign objectives and the responsibilities of each party. It is advisable that the contract address expected delivery formats, publication deadlines, limits on brand image use and property rights over the content produced. By adopting this care, the margin is reduced for ambiguous interpretations and strengthens the company’s position in any contractual disputes.
Compliance with the legislation and the principles of responsible advertising
Influence marketing is subject to a well -defined normative set, especially with regard to the protection of . O Consumer Protection Code It requires all publicity to be easily identifiable, otherwise it will be considered misleading. In addition, the Conar He has published specific guidelines on the performance of influencers on social networks.
To mitigate regulatory risks, it is recommended that the contract contains clear predictions about the obligation to identify publications as advertising content. The use of hashtags as #publi, #publimost, #Perceriapaga or similar is an example of this. It is equally important that the information disclosed to faithfully reflect the characteristics of the product or service offered.
It is also prudent to predict the possibility of prior validation of the contents by the company, and it is up to the marketing area to operationalize this step. This is a measure that favors the construction of a collaborative structure, in which the legal provides the necessary legal support, while the communication teams act safely and normative alignment.
Prevention of reputational damage: safeguarding and termination clauses
Another critical point, and often neglected, concerns the influence of the influencer outside the scope of the campaign. In an era marked by hyperexposure and instant judgment, a single controversial comment can significantly compromise the image of the brand associated with that influencer.
To protect the company, it is recommended that the contract contains reputational safeguard clauses, which authorize the immediate termination in case of conduct incompatible with the organization’s institutional values. It can also be helpful to provide temporary restrictions on the association of the influencer with direct competitors, as well as the application of penalties in case of contractual infractions related to image and ethics. Such devices act as preventive mechanisms and demonstrate legal maturity in reputational risk management.
Data protection and image use: contractual obligations from the perspective of LGPD
Performance with digital influencers may involve the processing of personal data from both the influencers themselves and consumers who interact with the campaigns. In addition, the use of the influencer’s image in promotional or institutional pieces requires specific authorization, with clearly defined scope and duration.
Given this, it is recommended that the contract contains clauses that objectively deal with the obligations related to the General Personal Data Protection Law (LGPD)including use purposes, treatment responsibilities and security measures applied. Likewise, it should be established the authorization period for the use of the image, as well as the conditions for possible revocation or limitation of this use.
These clauses offer legal certainty to the company, avoid future conflicts and reinforce the institutional commitment to privacy and respect for the image of the partners involved.
The legal as a facilitator of safe and sustainable decisions
In a scenario where visibility is a valuable asset and, at the same time, an exposure vector, legal decisions need to keep up with the pace of marketing without renouncing security. The preventive and collaborative action of the legal in these partnerships is no longer a formality and becomes a competitive differential.
Influence is exposing. And where there is exposure, there must be caution. The solidity of a campaign begins long before the first publication. It begins in the contract, governance and strategic alignment between areas. Because, in the end, what is at stake is not just likes, but the reputation built over years.
*This text does not necessarily reflect the opinion of the young Pan.
