July, traditionally a month marked by winter clearances and partial Judiciary recess, has become a period of heightened attention for small and medium-sized Brazilian businesses. By intensifying digital marketing campaigns and lead generation strategies, these organizations also expose themselves to increasing risks of legal sanctions and reputational losses. The warning comes from Edgard Dolata, a lawyer and data privacy specialist, guest lecturer in executive education programs.
Even small businesses are in the sights of the ANPD. In July, with the rise of digital campaigns, the exposure to legal and reputational risks also increases. Ignoring the LGPD not only puts the company at risk of sanctions but also compromises its image in the market,” affirms Dolata.
According to a report released in June by the National Data Protection Authority (ANPD), there was a 37% increase in complaints about non-compliance with the right to data deletion in the first half of 2025. Article 18 of the LGPD guarantees data subjects the right to request the deletion of their data, and non-compliance can result in investigations, fines, and damage to reputation.
Among the most common violations are the misuse of email marketing, sending to purchased contact lists without consent, lack of privacy policies, and failures in meeting the rights of data subjects. “It is common for companies, in the excitement of sales, to adopt aggressive strategies without legal basis — such as sending promotional emails without authorization — which is illegal,” explains.
Another point of attention involves legal advertising on social media. With the increasing number of lawyers’ profiles on platforms like Instagram, LinkedIn, and TikTok, many contents exceed the limits established by the OAB Code of Ethics. “Digital authority in law must respect the limits of professional ethics. In July, with higher engagement on social media, the OAB’s scrutiny of irregular practices also increases. Legal content cannot be treated as advertising,” warns.
Since the new ANPD board took office in March 2025, surveillance has intensified, especially on micro and small companies in the e-commerce, education, and legal services sectors. At the same time, the number of reports made directly by consumers has also increased, now with simplified channels to report infractions.
To reduce risks, Dolata recommends that companies structure their marketing actions based on legal foundations and invest in informative content, without invasive promotional appeals. “Being compliant with the LGPD is not just about avoiding fines. It is about building a relationship of trust with the customer, demonstrating responsibility and respect for the data they entrust to your brand,” concludes the specialist.
