Small businesses targeted by LGPD highlight how July digital marketing increases legal and reputational risks

July, a month traditionally marked by winter sales and partial recess of the Judiciary, 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 expose themselves to increasing risks of legal sanctions and reputational losses. The warning comes from Edgard Dolata, a lawyer and data privacy specialist, and a guest professor in executive education programs.

“Even smaller businesses are in the ANPD’s crosshairs. In July, with the increase in digital campaigns, exposure to legal and reputational risk also grows. Ignoring the LGPD not only puts the company at risk of sanctions but also compromises its market image,” states Dolata.

According to a report released in June by the National Data Protection Authority (ANPD), there was a 371% increase in complaints for non-compliance with the right to data deletion in the first half of 2025. Article 18 of the LGPD ensures 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 the misuse of email marketing, outreach to purchased contact lists without consent, absence of privacy policies, and failures in addressing data subject rights. “It is common for companies, in the heat of sales, to adopt aggressive strategies without a legal basis—such as sending promotional emails without authorization—which is illegal,” he explains.

Another point of attention involves legal advertising on social media. With the growing number of lawyer profiles on platforms like Instagram, LinkedIn, and TikTok, much of the content exceeds the limits established by the OAB Code of Ethics. “Digital authority in law must respect the boundaries of professional ethics. In July, with increased social media engagement, the OAB also increases its scrutiny of irregular practices. Legal content cannot be treated as advertising,” he cautions.

Since the inauguration of the ANPD's new board in March 2025, enforcement has intensified, particularly targeting micro and small businesses in the e-commerce, education, and legal services sectors. In parallel, the number of complaints filed directly by consumers has also increased, as they now have simplified channels for reporting violations.

To reduce risks, Dolata recommends that companies structure their marketing actions based on legal foundations and invest in informative content, without invasive promotional appeals. “Complying with the LGPD is not just about avoiding fines. It's about building a relationship of trust with the customer, demonstrating responsibility and respect for the data they entrust to your brand,” concludes the specialist.