The recent move by Anitta, leaving Nubank to become an ambassador for Mercado Pago, highlights a crucial point for companies hiring celebrities and influencers: the legal risks and contractual failures that can arise in scenarios of transition between direct competitors. The episode goes beyond a simple exchange of marketing partnerships; it exposes legal vulnerabilities in how companies structure their agreements with public figures.
The main lesson learned from this case is the failure to plan for effective contractual protections, particularly in the areas of non-compete, confidentiality, and restrictions on comparative marketing. When companies fail to ensure that their contracts adequately address these issues, they are not only risking their reputation but also exposing themselves to financial losses and litigation. Mercado Pago’s response, using direct comparative marketing, is a clear example of how the lack of a robust clause can lead to unforeseen consequences.
One of the most evident failures in Anitta’s transition case was the absence of an effective post-contractual non-compete clause. Companies hiring celebrities need to establish clear restrictions on activities prohibited after the end of the relationship, including the duration and geographical scope of the prohibition. This mechanism protects the brand against the risk of unfair competition or misuse of the celebrity’s influence to directly promote the competitor.
The financial market has become one of the main sectors to adopt influencer marketing. Traditionally conservative, the sector has shifted towards more aggressive and personalized strategies, requiring better-structured contracts. Data from the Brazilian Advertisers Association indicate that investments in influencer marketing in the financial sector have grown by 210% in the past three years, reaching over R$ 800 million in 2024.
Another critical point in Anitta’s case is the protection of confidential information. When public figures are inserted into corporate structures of companies, especially as board members or shareholders, the risk of leaking confidential information becomes real. Anitta had access to strategic data from Nubank during her time as a company advisor, which requires the implementation of mechanisms to protect this information.
However, Brazilian jurisprudence has been cautious in validating these clauses. While companies can restrict competitive activities, the restriction cannot be excessive. It must be reasonable in terms of time and geography, in order not to unduly harm the economic freedom of the celebrity. Additionally, adequate compensation during the restriction period is essential to ensure the validity of these clauses. Has Mercado Pago taken these precautions?
With the growth of influencer marketing in the financial sector, the need for more robust contractual clauses to protect companies from legal risks significantly increases. Anitta’s transition exemplifies the urgency of reviewing and improving legal agreements, adapting them to the new dynamics of the influencer market, which include clauses on non-competition, confidentiality, and restrictions on depreciative marketing. These mechanisms not only protect the brand but also help minimize risks related to unexpected changes and the migration of celebrities to direct competitors.
*Pâmela Adamy Rocha is Legal Manager at SAFIE Business Consulting, a lawyer specialized in Contract Law and Technology.
