The recent move by Anitta, who left Nubank to become Mercado Pago ambassador, highlights a crucial point for companies that hire celebrities and influencers: the legal risks and contractual failures that can arise in transition scenarios 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 drawn from this case is the failure to plan effective contractual protections, particularly in the areas of non-competition, confidentiality and restrictions on comparative marketing.When companies fail to ensure that their contracts adequately address these issues, they are not only endangering their reputation, but also exposing themselves to financial losses and litigation.The Mercado Pago response, which uses directly comparative marketing, is a clear example of how the lack of a robust clause can result in unforeseen consequences.
One of the biggest glitches evident in the case of Anitta's transition was the absence of an effective post-contractual non-competition clause. Companies that hire celebrities need to establish clear restrictions on activities that are prohibited after the relationship ends, including the duration and geographical scope of the ban. This mechanism protects the brand against the risk of unfair competition or misuse of celebrity 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 migrated to more aggressive and personalized strategies, which requires better structured contracts. Data from the Brazilian Association of Advertisers indicate that investments in influencer marketing in the financial sector grew 210% in the last three years, reaching more than R$ 800 million in 2024.
Another critical point, in the case of Anitta, is the protection regarding the use of confidential information. When public figures are inserted into the corporate structures of companies, especially as board members or shareholders, the risk of leakage of confidential information becomes real. Anitta had access to strategic data of Nubank during her time as a company advisor, which requires the implementation of mechanisms that protect this information.
However, Brazilian jurisprudence has been cautious in validating these clauses. Although companies may 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.In addition, adequate compensation during the restriction period is essential to ensure the validity of these clauses. Has Mercado Pago taken such care?
With this growth of influencer marketing in the financial sector, the need for more robust contractual clauses that protect companies from legal risks increases significantly. Anitta's transition exemplifies the urgency of reviewing and improving legal agreements, adjusting them to the new dynamics of the influencer market, which include non-competition clauses, confidentiality and restrictions on derogatory 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.
*Pamela Adamy Rocha is Legal Manager at SAFIE Business Consulting, a lawyer specialized in Contract Law and Technology.
