July, a month traditionally marked by winter sales and partial judicial recess, has become a period of heightened attention for small and medium-sized Brazilian businesses. As they intensify digital marketing campaigns and lead generation strategies, these organizations also face increasing risks of legal sanctions and reputational damage. The warning comes from Edgard Dolata, a lawyer and data privacy expert, guest professor in executive education programs.
“Even smaller businesses are in the crosshairs of the ANPD. In July, with the increase in digital campaigns, exposure to legal and reputational risks also grows. Ignoring the LGPD [Brazilian General Data Protection Law] not only puts the company at risk of sanctions but also compromises its market reputation,” says Dolata.
According to a report released in June by the National Data Protection Authority (ANPD), there was a 37% increase in complaints regarding 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 reputational damage.
Among the most common violations are misuse of email marketing, sending messages to purchased contact lists without consent, lack of privacy policies, and failures to address data subjects’ rights. ‘It’s 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,’ he explains.
Another point of concern involves legal advertising on social media. With the growing number of lawyer profiles on platforms like Instagram, LinkedIn, and TikTok, many posts exceed the boundaries set by the OAB [Brazilian Bar Association] Ethics Code. ‘Digital authority in law must respect professional ethics. In July, with higher social media engagement, the OAB also increases scrutiny over irregular practices. Legal content cannot be treated as advertising,’ he warns.
Since the new ANPD board took office in March 2025, enforcement has intensified, especially targeting micro and small businesses in e-commerce, education, and legal services sectors. At the same time, the number of complaints filed directly by consumers, who now have simplified channels to report violations, has also increased.
To reduce risks, Dolata recommends that companies structure their marketing actions based on legal principles and invest in informative content without invasive promotional appeals. ‘Complying with the LGPD is not just about avoiding fines. It’s about building trust with the customer, demonstrating responsibility and respect for the data they entrust to your brand,’ concludes the expert.
