Anitta’s recent move, 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 transitioning between direct competitors. The episode goes beyond a simple marketing partnership switch; it exposes legal vulnerabilities in how companies structure their agreements with public figures.
The main lesson from this case is the failure to plan effective contractual protections, particularly in areas of non-competition, confidentiality, and restrictions on comparative marketing. When companies fail to ensure their contracts adequately address these issues, they not only risk their reputation but also expose themselves to financial losses and litigation. Mercado Pago’s response, which uses directly 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 prohibited activities after the relationship ends, including the duration and geographic 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 a competitor.
The financial market has become one of the main sectors adopting influencer marketing. Traditionally conservative, the sector has shifted to more aggressive and personalized strategies, requiring better-structured contracts. Data from the Brazilian Association of Advertisers indicates that investments in influencer marketing in the financial sector grew by 210% in the last 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 integrated into corporate structures, especially as board members or shareholders, the risk of confidential information leaks becomes real. Anitta had access to Nubank’s strategic data 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 to avoid unduly harming the celebrity’s economic freedom. Additionally, adequate compensation during the restriction period is essential to ensure the validity of these clauses. Did Mercado Pago take 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 increases significantly. Anitta’s transition exemplifies the urgency to review and enhance legal agreements, adapting them to the new dynamics of the influencer market, including non-compete, confidentiality, and restrictions on disparaging marketing clauses. 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 a Legal Manager at SAFIE Business Consulting, a lawyer specialized in Contract Law and Technology.
