Brands partnering with Brazilian creators must prioritize compliance with Brazil’s LGPD data privacy law to earn trust and avoid costly penalties. Understanding LGPD requirements is crucial for brands handling personal data in influencer collaborations. Here’s your practical guide to navigating the LGPD as you build partnerships with Brazilian creators—and protect both your brand and your audience.
Understanding the LGPD Law and Its Impact on Foreign Brands
The Lei Geral de Proteção de Dados (LGPD) is Brazil’s equivalent of global data privacy laws like the GDPR. In force since 2020, it applies to any entity—domestic or foreign—processing personal data of individuals located in Brazil. This means brands worldwide must comply when working with Brazilian influencers, regardless of company headquarters or local office.
Under the LGPD, personal data refers broadly to any information related to an identified or identifiable individual. This includes everything from email addresses and social media handles to analytics about engagement and audience demographics. If your campaigns involve collecting, processing, or sharing such data, LGPD obligations apply.
- Extraterritorial reach: The LGPD applies if you process personal data collected in Brazil, regardless of where your business is based.
- Strict fines: The Brazilian Data Protection Authority (ANPD) can levy fines up to 2% of gross revenue in Brazil, capped at R$50 million per infraction.
Understanding this landscape is the first step for any brand collaborating with Brazilian creators in 2025.
Key LGPD Data Privacy Law Obligations for Brands
Brazil’s LGPD data privacy law establishes strict principles and obligations for handling personal data. For brands, key requirements when working with Brazilian creators include:
- Legal grounds for processing: Brands must have a legitimate basis for processing data, such as explicit consent or a contract.
- Clear and accessible privacy policies: You must inform creators and their audiences about how data is used, shared, and stored.
- Data subject rights: Individuals can access, correct, delete, or revoke consent for the use of their personal data at any time.
- Security measures: Adequate technical and organizational security protocols must be in place to prevent data breaches.
- Data processing contracts: If you use third-party agencies, ensure contracts reflect LGPD responsibilities and share only necessary data.
Failing to fulfill these obligations can harm brand reputation and trigger costly enforcement actions by the ANPD, especially as Brazilian consumers become more privacy-conscious.
Practical Steps for LGPD Compliance with Brazilian Creators
While LGPD may sound daunting, brands can simplify compliance by embedding privacy mechanisms into their influencer marketing processes. Here are strategic and practical steps to follow in 2025:
- Audit personal data: Map exactly what creator and audience data is collected, how it’s processed, and who has access to it.
- Obtain valid consent: Clearly explain to creators how their data and any audience data will be used. Consent must be specific, informed, and freely given—and easily withdrawable.
- Update influencer agreements: Include LGPD-compliant clauses. Define the purposes for data processing, security responsibilities, and breach notification timelines.
- Empower creators’ audiences: If campaigns involve collecting analytics or personal data on followers, inform them via transparent notices or pop-ups as required.
- Review data transfers: If data leaves Brazil, ensure recipient countries provide adequate data protection or secure explicit consent for cross-border transfers.
Regular staff training and working with privacy-savvy legal advisors will further reduce risks and help sustain compliance as LGPD guidance evolves.
Managing Cross-Border Data Transfers under LGPD
One unique challenge for international brands is handling cross-border data transfers involving Brazilian creators or audience data. The LGPD imposes strict rules:
- Transfers are permitted only to countries with adequate data protection measures, as evaluated by the ANPD.
- Where adequacy is lacking, brands must use standard contractual clauses or collect explicit consent from data subjects.
- Practical tip: If your company stores influencer data on global cloud platforms, verify the provider’s compliance with LGPD requirements for international data flows.
Planning campaigns with privacy in mind helps brands avoid the pitfalls of unlawful data transfers—which can trigger significant fines and loss of creator trust in 2025.
Building Trust with Brazilian Creators through Privacy-First Campaigns
Creators and their followers increasingly demand proof that brands respect their data rights. Adopting a privacy-first approach helps brands stand out and nurture long-term partnerships in Brazil’s vibrant creator economy. Key trust-building strategies include:
- Transparent communication: Proactively explain how data is used in collaborations. Respond swiftly to inquiries or data requests from creators.
- Respect for autonomy: Allow creators to choose what personal data they share, and give them options when possible.
- Prompt breach response: If any data incident occurs, inform creators and, if required, the ANPD within the LGPD’s required timeframes.
- Certifications and audits: Secure privacy certifications relevant to Brazil. Periodically audit your data practices for continuous improvement.
Emphasizing LGPD compliance isn’t just about risk-reduction—it’s an investment in the brand-creator relationship, increasing your brand’s influence and integrity in the Brazilian market.
Conclusion: LGPD Compliance Is Good for Business—and Creators
Complying with Brazil’s LGPD data privacy law is both a legal imperative and a business advantage for brands working with Brazilian creators in 2025. By embedding privacy into every partnership, your brand secures trust, sidesteps fines, and harnesses the full power of Brazil’s creator economy with confidence and integrity.
FAQs: Working with Brazilian Creators under LGPD
-
Do foreign brands need to comply with the LGPD when working with Brazilian creators?
Yes. The LGPD applies to any company processing personal data of individuals in Brazil, regardless of where the brand is based.
-
What types of data are protected under the LGPD?
Any information relating to an identifiable individual—such as names, emails, social handles, demographics, and engagement data—is covered.
-
How can brands lawfully collect data from Brazilian creators and their audiences?
Brands must obtain clear, explicit consent or have a valid legal basis, provide transparent privacy policies, and allow data subjects to exercise their rights.
-
What are the risks for brands that ignore LGPD requirements?
Risks include regulatory fines (up to R$50 million per violation), reputational damage, and loss of trust among creators and consumers.
-
Is it necessary to have a data processing contract with Brazilian creators?
Yes. Contracts should specify data handling practices, compliance measures, and responsibilities to ensure all parties meet LGPD obligations.
-
How often should brands review their LGPD compliance?
Regularly. Best practice is to review privacy policies, contracts, and data processes at least annually and after major campaign changes.